Case Note & Summary
The petitioner, Saurabh P. Lokhande, was issued a Commercial Pilot License by the Republic of Philippines in November 2007. He subsequently applied for a Commercial Pilot License from the Republic of India. On 9th May 2011, the Director General of Civil Aviation (Respondent No.2) passed an order suspending the petitioner's license with immediate effect under Section 19(b) sub-rule (3) of the Aircraft Rules, 1937. The petitioner challenged this order by filing a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioner contended that the impugned order was passed without affording him any opportunity of hearing and without recording any reasons, thereby violating the principles of natural justice. The respondents argued that the power of suspension under the said rule is summary in nature and does not require a prior hearing. The court examined the provisions of Section 19(b) sub-rule (3) of the Aircraft Rules, 1937 and held that even though the power of suspension is summary, it must be exercised in a fair and reasonable manner. The court observed that the impugned order did not contain any reasons and was passed without any material on record to justify the suspension. The court further noted that the petitioner was not given any show cause notice or opportunity to be heard before the suspension. The court quashed the impugned order and directed the respondents to consider the petitioner's application for license afresh in accordance with law, after giving him a reasonable opportunity of hearing. The court also directed that the petitioner's license shall be deemed to have been restored pending fresh consideration.
Headnote
A) Administrative Law - Natural Justice - Suspension of License - Section 19(b) sub-rule (3) of Aircraft Rules, 1937 - The petitioner's Commercial Pilot License was suspended by the Director General of Civil Aviation without prior notice or hearing. The court held that the power of suspension under the said rule, though summary in nature, must be exercised in conformity with principles of natural justice. The impugned order was passed without giving any opportunity to the petitioner to show cause and without recording any reasons, rendering it arbitrary and illegal. (Paras 3-10) B) Aviation Law - Commercial Pilot License - Suspension - Section 19(b) sub-rule (3) of Aircraft Rules, 1937 - The petitioner held a valid Commercial Pilot License issued by the Philippines and had applied for an Indian license. The DGCA suspended his license on grounds of alleged involvement in an incident without any inquiry. The court found that the suspension order was passed in violation of the statutory requirement of recording reasons and without any material on record to justify the suspension. (Paras 5-12) C) Constitutional Law - Article 226 - Writ Jurisdiction - Quashing of Administrative Order - The court, exercising its writ jurisdiction under Article 226 of the Constitution of India, quashed the impugned order dated 09/05/2011 passed by the Director General of Civil Aviation, holding that the order was passed in gross violation of principles of natural justice and without jurisdiction. The court directed the respondents to consider the petitioner's application for license afresh in accordance with law. (Paras 13-15)
Issue of Consideration
Whether the suspension of the petitioner's Commercial Pilot License by the Director General of Civil Aviation under Section 19(b) sub-rule (3) of the Aircraft Rules, 1937 without affording an opportunity of hearing and without recording reasons is valid in law.
Final Decision
The impugned order dated 09/05/2011 passed by Respondent No.2 is quashed and set aside. The respondents are directed to consider the petitioner's application for license afresh in accordance with law, after giving him a reasonable opportunity of hearing. The petitioner's license shall be deemed to have been restored pending fresh consideration.
Law Points
- Natural justice
- Audi alteram partem
- Suspension of license without hearing
- Section 19(b) sub-rule (3) of Aircraft Rules
- 1937
- Article 226 of Constitution of India
