The suspension of the pilot-in-command licence on the Air India aircraft from New York to Delhi last November after a male passenger reportedly urinated on a female co-passenger was requested to be lifted by a joint forum of six unions on Tuesday, news agency PTI reported.
In relation to the urinating incident that occurred on November 26, 2022, the Directorate General of Civil Aviation last week fined Air India Rs 30 lakh and the director of the airline's in-flight services Rs 3 lakh. The pilot's licence was also suspended for three months.
The forum stated in a letter to the regulator that while there is a groundswell of "public pressure" for action, given the serious nature of the complainant's allegations, there is a need to evaluate the same with the nature of the Pilot-in-command's and responsibilities, among others, and to evaluate the facts that came before the pilots and crew on the said flight.
The forum has asked the Directorate General of Civil Aviation (DGCA) to "withdraw the harsh punishment and suspension of the PIC" for a variety of reasons.
The Indian Pilots Guild, Indian Commercial Pilots Association, Air Corporation Employees Union, Air India Employees Union, All India Cabin Crew Association, and Airline Pilots Association of India are represented by the forum.
The letter also comes on the same day that Air India announced that it has completed its internal investigation into the situation and will support the flight's PIC with an appeal against the DGCA's suspension of his licence, which the airline considers "excessive." According to the letter, the entire crew is subject to the PIC's judicial and operational authority.
In this light, the PIC signed all reports and then asked the cabin supervisor to immediately transmit all reports to the firm and its top officers upon landing to discuss the next step with the company, which was done and verified, according to the report.
Given the facts and the lack of any eyewitnesses, the PIC decided, in consultation with his crew, that the passenger in seat 8C Mishra was not rowdy and could not be categorised as such, PTI report mentioned citing the letter.
Furthermore, the forum stated that it had been informed that both parties had resolved the issue amicably on their own. "As per the CAR (Civil Aviation Requirements), the company's senior officers had 12 hours to study all data and report the matter ahead to the DGCA, and many more days to discuss the issue to file the FIR if they felt it was required".
According to the forum, the DGCA's press release also mentions "alleged violation" by the accused, which means that there is a dispute (legal or otherwise) about whether the individual performing such conduct or not, or that it is yet to be ascertained and confirmed.
Police apprehended the accused, Shankar Mishra.
While not condoning the alleged act, the forum stated in the letter that the lack of evidence and eyewitnesses, numerous contradictory accounts received on board, and Mishra's polite and cooperative demeanour were the reasons why the PIC, cabin supervisor, and crew on board AI-102 could not have labelled him as an unruly passenger.
It further stated that because (Mishra) exhibited no such characteristics, they had no need to restrict him.
"We respectfully advise that the implications of this order on the pilots, cabin crew and staff of all airlines nationwide are vast and will threaten the very fabric of civil aviation. This order must be written in such a manner that it sets a precedent.
"Unfortunately, based on this order, crew and staff in uniform are now required to rigorously engage in warning, restraining, and handing over likely innocent passengers based on 'allegations of any nature,' or divert planes for the same goals, rather than face suspension," the forum stated.
(With Inputs From PTI)