O R D E R

The Contempt Petition is filed to punish the respondents for their wilful disobedience of the order dated 28.10.2021 passed by this Court in WP No.14915 of 2019.

2. After elaborate adjudication of the issues, this Court passed final orders in WP No.14915 of 2019 on 28.10.2021 and the relevant paragraphs-31 to 33 read as under:-

“31. At this juncture, it is note worthy to refer to the communication of the Assistant Director Air Safety, Director General of Civil Aviation, Govt. of India, New Delhi, produced by the learned standing counsel appearing for the respondents, who received it through e-mail on 16.09.2021. The contents of the said communication would run thus: “The administrative action was taken against Capt.D.Ganeshbabu, ATPL No.7192 (petitioner) in view of his involvement in the accident and his pilot licence was suspended for a period of three years from the date of accident i.e., 12.10.2018 vide DGCA- 15020/7/2018-DAS dated 24.10.2018.

No further administrative action is required in the matter by DGCA. However, M/s.AIXL is required to submit the licence of the petitioner to DGCA for endorsement of the suspension period on the licence for record purpose.”

32. Thus, having regard to the aforesaid admitted fact coupled with the communication sent by the Assistant Director, Air Safety Directorate, DGCA, New Delhi, on 16.09.2021, wherein, it was stated that no further administrative action is required in the case of the petitioner, this court is of the opinion that there can be no impediment for the petitioner to have his employment with the respondent company. In such view of the matter, without delving deep into the issue at hand, the fourth respondent company is directed to pass appropriate orders, with regard to the claim of the petitioner seeking reinstatement, within a period of four weeks from the date of receipt of a copy of this order.

33. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.”

3. The contempt petitioner mainly contended that the petitioner has attended all the medical tests and made a request for reinstatement.

4. However, the respondents have not reinstated and issued an order on 04.07.2022 stating that the petitioner has not submitted the relevant records, enabling them to reinstate the petitioner in service.

5. The learned counsel, appearing on behalf of the Air India Express Limited, made a submission that pursuant to the orders passed by this Court, the petitioner submitted certain documents and the said documents revealed that the license obtained by the petitioner expired and therefore, he is not holding a valid license to operate the Flight “Boeing”.

6. In the context of the actions taken by the Director General of Civil Aviation (DGCA), the Air India Express Limited issued the show cause notice to the writ petitioner on 06.05.2022 after affording an opportunity to the petitioner and charge sheet was issued on 13.05.2022 with reference to the incident occurred for which the DGCA issued an order of suspension of the Flying License.

7. It is contended that the employer has initiated departmental disciplinary proceedings against the contempt petitioner under the relevant Rules and the said charge sheet was challenged by the contempt petitioner in WP No.14063 of 2022 and an order of interim stay was granted by this Court and the writ petition is pending.

8. Subject to the outcome of the writ petition filed by the contempt petitioner in WP No.14063 of 2022, the Air India Express Limited passed an order on 04.07.2022, which reads as under:-

“Ref.No.AIX/76087/1641 July 4, 2022 Capt.Ganesh Dhayanithi Babu Capt.Ganesh Dayanithi Babu S1,24, Loganathan Colony, Captain Mylapore, Chennai-600 004. Staff No.76087 Dear Capt. Ganesh Dhayanithi Babu, Sub: Reinstatement with Air India Express

1. Pursuant to the directions passed by the Hon'ble High Court of Judicature at Madras in the Judgment dated 28.10.2021 (“Judgment”) in Wr