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.
05/09/11 Rosy Sequeira/Times of India
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