Yeshwanth Shenoy S/O V. L. Shenoy v. The Union Of India Thru The Secretary, Ministry Of Civil Aviation , And ANR

24. pil 30.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 30 OF 2019 Yeshwant Shenoy s/o V.L.Shenoy .. Petitioner Vs.

The Union of India and anr.

.. Respondents by URMILA PRAMOD INGALE Date:

2022.04.13 10:52:56 +0530 URMILA PRAMOD INGALE Mr. Yeshwant Shenoy, Petitioner-in-person.

Mr. N. R. Bubna, for Respondents.

CORAM: DIPANKAR DATTA, CJ & M. G. SEWLIKAR, J.

DATE:

APRIL 11, 2022 P.C.:

By instituting this public interest litigation, the petitioner seeks, inter alia, the following relief:

"A. Direct the Respondent No.2 to formulate a Civil Aviation Requirement (CAR) to regulate Duty Time Limitations for the Aircraft Maintenance Engineers and other Maintenance personnel.

B. Direct the Respondent No. 2 to ensure that there is a gap of at least an hour between two clearances an AME/Maintenance personnel cannot certify (sign log/voyage book) more than one aircraft during transit inspection in any given hour or between two clearances there is a gap of at least one hour"

It appears from page 26 of the petition, marked Exhibit 'D', that the petitioner as far back as on October 9, 2018 wrote to the Director General, Directorate General of Civil Aviation (hereafter 'DGCA", for short) and expressed his concern about unsafe practices in aircraft maintenance Urmila Ingale, PS

24. pil 30.19 thereby compromising aviation safety.

Although it is not clear from the PIL petition as to whether the letter dated October 9, 2018 was actually received by the Director General, Mr. Bubna, learned advocate representing the Union of India as well as the DGCA submits that the concern expressed by the petitioner in such letter would be considered by the DGCA. He prays for a reasonable period of time for disposal of such concern.

Having heard Mr. Yeshwant Shenoy, petitioner in-person and Mr. Bubna, we dispose of this PIL petition with a request to the DGCA, respondent no.2, to look into the concern expressed by the petitioner in the aforesaid letter dated October 9, 2018 as early as possible, but preferably within three (3) months from date of receipt of a copy of this order. It shall be open to the DGCA to depute a competent officer to deal with the concern expressed by the petitioner, if the DGCA is otherwise pre-occupied.

The decision on the petitioner's concern be communicated to him immediately after the same is taken. The PIL petition is disposed of. No costs.

All contentions are left open.

(M. G. SEWLIKAR, J.) (CHIEF JUSTICE) Urmila Ingale, PS