Capt. Dhirendra Kumar v. Air India Limited and Ors.

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:- “(i) issue rule nisi to the Respondents;

(ii) quash and set aside the impugned Order of Penalty dated

(ii) quash and set aside the impugned Inquiry Report dated

(iv) quash and set aside the impugned Major Penalty Charge Sheet dated 24.06.2021 [Annexure: P-3] as being bad and non-est in law;

(v) consequently, direct reinstatement of the Petitioner into service with effect from 29.04.2022;

(iv) consequently, direct the Respondent to pay full salary and allowances to the Petitioner for the Period from 29.04.2022 onwards;

(v) direct Respondent to pay compound interest @18%

(vi) allow exemplary costs of the present Writ Petition to the

(vii) pass such other and further order/(s) as may be deemed just and appropriate in the facts, circumstances and premises of the present case.”

2. Notice was issued in the writ petition on 20.09.2022. However, notice could not be issued for want of process fee on behalf of the Petitioner. In the meantime, Co-ordinate Bench of this Court in Naresh Kumar Beri and Others v. Union of India and Others, 2022 SCC OnLine Del 3585 has ruled that writ petition will not lie against Air India Limited (‘AIL’) on account of its 100% disinvestment. In this view the writ petition is taken up for consideration on maintainability.

3. As a result of disinvestment process initiated by the Government of India, AIL has ceased to be a public body and therefore, no writ can lie against AIL in the circumstances that exist today. It is submitted that originally AIL was a statutory body constituted under the Air Corporations Act, 1953, however, post its repeal and in terms of the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994, it had become a wholly owned company of the Government of India. It is at that stage that the present writ petition was filed, however, in light of the position that obtains today, where AIL has been privatized and the entire shareholding of the Government of India in AIL has been transferred to M/s. Talace Pvt. Ltd., (a wholly owned subsidiary of M/s. Tata Sons Pvt. Ltd.), no writ petition can lie under Article 226 of the Constitution of India as AIL is no longer a public body or Authority within the meaning of Article 12 of the Constitution of India. Reliance can be placed on a judgment of this Court in Naresh Kumar Beri (supra), relevant para of which is as under:

4. Mr. Mohanty, learned counsel appearing on behalf of the Petitioner expresses an apprehension that if the writ petition is disposed of at this stage and Petitioner is left to resort to other remedies, AIL may, in future, disown its liability towards the Petitioner on the ground that it is privatized.

5. Having heard the counsel for the Petitioner, the question that pronouncedly emanates is whether the writ petition is liable to dismissed on ground of maintainability, in wake of the admitted position that during the pendency of this petition, on 27.01.2022, 100% shareholding of Air India has been acquired by M/s. Talace Pvt. Ltd. and Air India has ceased to be a Government controlled company. A Co-ordinate Bench of this Court in Naresh Kumar Beri (supra) has already examined this issue and held that writ petition ceases to be maintainable. The judgement squarely covers the present case and this Court is not persuaded to take a different view. It is true that when the writ petition was filed, it was maintainable as AIL was amenable to the writ jurisdiction, however, under the changed scenario, this Court is precluded from issuing a writ of mandamus against AIL.