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2017 Supreme(Del) 2884

SANJEEV SACHDEVA
Indian Commercial Pilots Association – Appellant
Versus
Director General of Civil Aviation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Abhishek Manu Singhvi, Mr. Sandeep Sethi, Mr. Gopal Sankar, Mr. Narayanan, Mr. Sulabh Rewari, Mr. Shujoy Mazumdar
For the Respondents: Ms Anjana Gosain, Mr. Joseph, Mr. Parag Tripathi, Ms. Bhavana Duhoon, Mr. Mukesh Kumar, Ms Gunjan Sinha Jain, Mr. Rishabh Kapur, Mr. Sudhir Nandrajog, Mr. Ankur Chibber, Mr. Aditya Chibber

JUDGMENT :

Sanjeev Sachdeva, J.

1. The Petitioner by the present petition inter alia seeks a Mandamus thereby directing Respondent No. 1 (Director General Civil Aviation, hereinafter referred to as DGCA) to initiate an enquiry and take action against Respondent No. 2 (Captain Arvind Kathpalia, hereinafter referred to as Captain Kathpalia) with respect to the allegations of offences under Paragraph 8.1 and 8.2 of the Section 5, Series F, Part 111, Issues III of the Civil Aviation Requirements dated 04.08.2015 (hereinafter referred to as CAR). Further mandamus is sought to suspend Captain Kathpalia until a Final Enquiry report is published relating to his alleged offences on 19.01.2017 and to cancel his Airline Transport Pilot Licence (ATPL for short) and further to restrain the respondents from appointing Captain Kathpalia to any post until the Final Enquiry report.

2. The Petitioner (Indian Commercial Pilots Association) claims to be the oldest recognized pilots union in the country and is recognized by Respondent No. 4 Air India (hereinafter referred to as Air India).

PETITIONER’S CASE

3. The case of the petitioner is that on 14.10.2013, the then Executive Director (Personnel) of the A




































































































































































































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