HC directs DGCA to examine safety mechanism in Air India’s leased Boeing 777-200 LR aircraft plying between US and India

The court asked DGCA to consider whether Air India’s concerned leased Boeing 777-200LR aircraft (earlier with Delta Airlines) having 12 minutes of emergency oxygen supply can descend to an altitude of 10,000 feet within 12 minutes and land safely at the planned alternative airport in case of decompression.

It asked the Aviation safety regulator to hear the petitioner pilot, the airline and consider all relevant material and arrive at its findings on compliance of the regulations and certain need for remedial measures and directions, if any.

A bench of Justices B P Colabawalla and Somasekhar Sundaresan on December 19 passed an order on a writ plea by the petitioner pilot, claiming that the said aircraft leased in November 2022 do not have adequate oxygen supply for certain paths between US and India.

Advocate Bhagyashree Bhalchandra Patwardhan for the petitioner claimed that as per the Flight Crew Operating Manual (FCOM) and Flight Planning and Performance Manual (FPPM) limitations and state regulations, it is necessary to have sufficient quantity of chemically generated stored breathing oxygen (more than 12 minutes) for all crew members and passengers.

Patwardhan added adequate quantity of stored breathing oxygen is mandatory for long distance flights on paths having high mountainous terrains till aircraft reaches/descends to an altitude of 10,000 feet or lower.

She added, in case of depressurisation, it is not possible to descend to an altitude of 10,000 feet within 12 minutes due to vast stretches of mountainous terrains and the insufficiency was in violation of regulatory norms and detrimental to the passengers’ safety. 

The petitioner, who had served as a Boeing 777 commander, as per his plea, had refused to operate a particular flight on January 30, 2023 till a legally viable and safe route was provided for him for flying from San Francisco to Bengaluru.  He was grounded by the airline in February last year and was subsequently terminated in May 2023. He approached DGCA in October 2023 with a complaint raising concerns over lack of safety. 

On January 24, the DGCA slapped Rs 1.1 crore fine on Air India for prima facie non-compliance of regulations. The appellate authority on May 24 upheld the order.

However, the petitioner approached the HC challenging the said orders, stating that mere imposition of the fine was insufficient to remedy the situation. He added the DGCA order was passed without hearing him, therefore the matter be decided afresh. He claimed that despite the regulator’s orders, the concerned flights are still deployed on the long-distance routes between US and India.

Senior advocate Zal Andhyarujina for Air India and advocate Pranil K Sonawane for DGCA opposed the plea. The airline claimed that it has complied with every applicable safety norm in the regard.

After hearing submissions at length, the judges noted that as they were not experts in the field and the parties had consented to refer the matter to the aviation safety regulator, it was appropriate for DGCA to consider the issue without getting influenced by the court’s views.

It said that as the January 24 and May 24 orders ‘do not articulate the issues involved’ for the judicial review, it was inclined to send the matter for DGCA’s full consideration in accordance with law.

Disposing of the plea, the bench said that the DGCA, which has a number of pilots from Air India on deputation, should ensure no room is left for a perception of conflict of interest at any level during regulatory review.