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HIGH COURT OF DELHI
Date of Decision: 03.07.2026
CAPT AMIT KUMAR YADAV .....Appellant
Through: Mr. Sanjeev Kumar and Mr. Anshul Sehgal, Advs.
Through: Ms. Charul Sarin and Mr. Harish Kumar, Advs. for R-3.
Mr. Amit Mishra, Ms. Mitakshara Goyal, Mr. Azeem Samuel, Mr. Vaibhav Kharbanda, Mr. Shivam Goel and Ms. Shrijeta Pratik, Advs. for R-4
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO, J. (ORAL)
JUDGMENT
1. For the reasons stated in the application, the same is allowed.
2. The application stands disposed of.
3. This is a review petition filed by the appellant seeking review of order passed by this Court on 04.05.2026, whereby this Court has dismissed the appeal filed by the appellant challenging the order dated 11.07.2023 of the learned Single Judge.
4. The only ground urged by the learned counsel for the appellant/ review petitioner is that the learned Single Judge had given a finding that blood/ urine tests could have been considered had they been directed by Vistara but the same were not directed by the airline is erroneous. In this regard, he has drawn our attention to paragraph no. 49 of the order of the learned Single Judge wherein learned Single Judge has stated as under:-
5. The submission of the learned counsel for the appellant/ review petitioner is that the conclusion of the learned Single Judge that the appellant himself without any direction or any reference from operator Airlines Vistra took it upon himself to undergo a test, is because the Vistra Airlines itself in its communication dated 22.11.2017 to the DGCA has in paragraph no.3 stated as under:- “3. Additionally, as recommended during the recently held meeting held with Industry representatives to confirm the BA positive status, FO Amit Yadav had undergone blood test at two NBAL approval Laboratories and the test results were negative (copies of blood reports enclosed).” (emphasis supplied)
6. The said submission of the learned counsel for the appellant does not really help the case of the appellant, in view of the conclusion of the learned Single Judge in paragraph 48 of the judgment which we reproduce as under: “48. This Court first needs to adjudicate that whether the results of blood and urine tests undergone by Petitioner can be relied upon or not. It was submitted by learned counsel on behalf of Petitioner that DGCA has not controverted the results of blood and urine tests neither in its Counter Affidavit nor at the time of final arguments. It is true that the counsel for DGCA did not controvert the results of blood and urine tests during the arguments. Even Vistara has not controverted the results of blood and urine tests in its affidavit but, it has been stated in its affidavit that the same cannot be relied upon because any test results subsequent to the BA Tests conducted at Airport are irrelevant.”
7. Suffice to state that in paragraph no.53, the learned Single Judge has dealt with the submission made by the learned counsel for the appellant that Vistra Airlines should have also conducted the blood and the urine test, in the following manner:-
8. Having perused the grounds taken in the review petition, by the appellant in his challenge to the order passed by us on 04.05.2026, it is clear, the same is on merits and in that sense, there is no submission that there is an error apparent on the face of the order passed by this Court on 04.05.2026.
9. We find no merit in this review petition, the same is dismissed.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J JULY 03, 2026