Victimization of SG275 pilots, license suspension without reason

Two Spice Jet pilots were involved in an incident on 02nd July 2019. The aircraft veered to the right after landing in a sudden burst of heavy rain/strong crosswinds and broke 05 runway lights. The license of the two pilots has been suspended for a period of 06 months but what is the reason for the suspension? Suspension without a reason is unjust and misuse beyond the granted statutory power.

  • Is the suspension for touching down within the touchdown zone and veering off or
  • For breaking 05 runway edge lights.

If public safety was compromised, then it should have been mentioned in the suspension order or if runway lights were the issue, then they could pay the fine and walked scotfree.

DGCA Office order suspending pilots license

The above office order issued by DGCA India suspending the license of Spice Jet pilots involved in the incident at Kolkata Airport (VECC) on 2nd July 2019. Aircraft rule 19 of 1937 has been enforced to suspend the license. Please read rule 19 below.

Aircraft rule 19 39(A)

The rule clearly states that in the case of suspension during the investigation that suspension is necessary for the public interest, it may, for reasons to be recorded in writing. The reasons have not been recorded in the office order.

The suspension of aviation document for contravention of a provision of the Aircraft Act/Rules is the most severe administrative sanction the DGCA can impose. Suspension action is taken where continued use of the document would create a hazard to aviation safety.

Suspension (DGCA enforcement manual)
The suspension of aviation document for contravention of a provision of the Aircraft Act/Rules is the most severe administrative sanction the DGCA can impose. Suspension action is taken where continued use of the document would create a hazard to aviation safety.

In order to meet the ends of natural justice, a Notice of Suspension
(show-cause notice) to the alleged offender shall be required to be issued, whether or not it is legally binding and obligatory. The charge is required to be mentioned in the Notice and appropriate time should be given to submit his explanation. The standard format for show cause notice is given in Appendix II. The Notice shall contain a clear description of the offence and sufficient details of the contravention so the alleged offender can identify the incident or incidents constituting the contravention. A copy of the investigation report may be enclosed along with the notice.

Where the alleged offender requests a review by the DGCA and applies for a stay of suspension pending its decision, the concerned officer shall not oppose the application unless it appears that a threat to aviation safety would result. In such a case, the concerned officer or his designate shall present the case to the DGCA.
Where the alleged offender does not ask for a review by the DGCA
within thirty days and then fails to deliver the suspended document,
after giving due consideration for the delay in the mail, charges shall be
laid against the alleged offender. Prior to laying charges, the
the document holder should be contacted to confirm the situation.

Action against individuals

The incident is not mentioned in the list

Action must be taken as recommended in the preliminary report. The preliminary report has not yet been prepared. Its prima facie evidence that officers of DGCA Eastern region had prepared which is the basis of this action. This is totally arbitrary and unilateral. The procedures set out in the Safety Manual and Enforcement manual with respect to handling such cases and giving the option to the pilots for redressal must be followed so that the system acts in fairness to all.

 

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