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2023 Supreme(Del) 3330

GAURANG KANTH
Capt. Amit Kumar Yadav – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sanjeev Kumar and Mr.Anshul Sehgal, Advocates, for the Petitioner.
Ms. Anjana Gosain, Ms. Nippun Sharma and Ms. Hetika Vadhera, Advocates alongwith Mr. S.P. Singh, Assistant Director, for the Respondent Nos. 1 to 3.
Mr. Akshat Hansaria, Advocate, for the Respondent No. 4.

JUDGMENT

Gaurang Kanth, J. The present Writ Petition has been preferred under Article 226 of Constitution of India, inter alia, impugning the Orders dated 04.12.2017 and 18.07.2018 (`Impugned Orders') passed by Joint Director General, Director General of Civil Aviation and Director General of Civil Aviation (Respondent No. 2) (hereinafter referred to as `DGCA') respectively. Vide the Impugned Orders, the pilot license of Petitioner was suspended for a period of three months as per Regulation 8.1 of Civil Aviation Requirement (hereinafter referred to as `CAR') for testing positive for blood alcohol content in pre-flight breath analyzer test (`BA Test').

FACTS GERMANE FOR ADJUDICATION OF PRESENT WRIT PETITION

2. The exposition of facts leading to the filing of the present Writ Petition is that the Petitioner is a pilot employed with Tata SIA Airlines Ltd. (Respondent No. 4) (hereinafter referred to as `Vistara'), which is running its Airline by the name of `Vistara Airlines'. The Petitioner was scheduled to operate a flight bearing No. `UK 720' on 18.11.2017 from Kolkata to New Delhi, along with his senior, Captain Gurpreet Nijjer (hereinafter referred to as `Capt. Nijjer'). The estim

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