CASE OF RESPONDENT NO. 1 DGCA
31. DGCA, in its counter affidavit, has defended the action taken
for suspending Captain Kathpalia only for a period ... interpretation of DGCA is not a plausible
interpretation, but the action of the DGCA in treating the offence
committed by Captain Kathpalia as one offence
mislead the DGCA officers through its ATR dt. 24.01.2008, for
during a subsequent inspection (the second DGCA inspection)
conducted by PW15 Captain B. S. Nehra ... that time was a Consultant Director on
contractual basis in DGCA. Captain Arun Mann (PW17) in the
said office notings appended his signature
directions passed by the Court Mr. Himanshu
Srivastava, Assistant Director, DGCA and Captain Kapil Manglik, Senior
Flight Operations (Inspector DGCA) and Mr. Vishal Mehrotra, Deputy
cabin crews and two cockpit crews. Mr.
Amit Singh (PW4) was the Captain and Mr. Punit Prasad (PW5) was
the Flight Officer of the aircraft ... aircraft. Lead Cabin Crew informed the Captain that a
passenger claiming himself sometime to be a DGCA official and
sometime a Sky Marshal, was disturbing
cabin crews and two cockpit crews. Mr.
Amit Singh (PW4) was the Captain and Mr. Punit Prasad (PW5) was
the Flight Officer of the aircraft ... aircraft. Lead Cabin Crew informed the Captain that a
passenger claiming himself sometime to be a DGCA official and
sometime a Sky Marshal, was disturbing
authorized as an examiner by a letter of DGCA. Thus the
management witness falsely stated that Captain Manjit Singh was a
examiner. Further even being
technical experts of Directorate General of Civil Aviation
(hereinafter 'DGCA' for short) in the office of CEO at R.K.Puram.
After vetting ... present during the
vetting stated that Captain H.S.Malhotra of DGCA, Headquarters was
associated with the vetting on the first
filed;
(ii) the action of the DGCA in treating the offence committed by Captain
Kathpalia as one offence and awarding the punishment of only suspension ... immediately bring the infraction on the
part of Captain Kathpalia to the notice of the DGCA, and thereafter to
take appropriate action in accordance with
trained as a Captain on Airbus 320 and further that on the basis of this
training, on 29.06.2006, he got DGCA endorsement on Airbus ... Airbus A320 after he had endorsement from
DGCA on 29.06.2006; that he got endorsement from DGCA to fly A320
Airbus as Pilot
Capt. Rajesh Singh Sehgal vs Ministry Of Civil Aviation And Ors. on 18 May, 2020
