Rosy SequeiraRosy Sequeira | Sep 5, 2011, 03.07AM IST
MUMBAI: In a reprieve for Air India pilot Captain J K Varma, arrested for allegedly obtaining fake flying licence using forged documents, the Bombay high court has stayed the airline's order terminating his services and admitted his petition challenging the termination.
A division bench of Justice B H Marlapalle and Justice Nishita Mhatre, however, clarified that Varma shall continue to remain under suspension pending hearing and final disposal of his petition. Further, AI is free to initiate disciplinary proceedings against him "on a priority basis". Varma was arrested by the Delhi police on March 12, 2011 and released on bail by a magistrate. On March 14, 2011 he was suspended under Standing Order (SO) 21 (2) of the Certified Standing Orders applicable to AI workmen. On March 25, 2011
his services were terminated under SO 17. Varma challenged the constitutional validity of SO 17-and his termination order which relied on it-whereby the services of an employee may be terminated without assigning any reason.
According to Varma's petition, he joined as a trainee pilot in 1989, and had been first officer (co-pilot) since 1991 and "satisfactorily completed service for almost 22 years". His advocate Mohan Bir Singh argued that the SO 17 is arbitrary and illegal as it does not conform to principles of natural justice as no showcause notice was issued and no inquiry held. He said a similar provision, Rule 48, in the Air India Service Rules has already been declared to be ultra vires of the Constitution by the Supreme Court as also in the service rules of public sector undertakings.
"If a rule is bad, any action under the rule has to be struck down," said Singh.
The judges in their August 18, 2011 order said, "Prima facie, the language of Standing Order 17 does not provide for any special eventuality or contingency under or for the employer to resort to termination simpliciter against a delinquent employee." The matter will come up for final hearing in due course.
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