Flyers safety can't be compromised, Delhi HC upholds pilot's licence suspension on positive alcohol test

Safety of passengers can never be compromised and unnecessary leniency to erring pilot shall be prejudicial to their safety, the Delhi High Court has observed while refusing to grant any relief to a pilot whose flying licence was suspended on being found positive for alcohol in breath analyser test. The high court said the Directorate General of Civil Aviation (DGCA) has mandated zero tolerance policy with regard to blood alcohol content as there should not be detectable blood alcohol in breath, urine or blood alcohol analysis of the crew and the permissible limit of blood alcohol has been laid down as 0.000 in the Civil Aviation Rules (CAR).

It said the petitioner at the time of flight operation as a pilot was not supposed to be under the influence of alcoholic drink, sedative or stimulant drug which may pose a serious threat to the safety of passengers travelling in an aircraft.



Due to this reason, pre-flight breath analyser test is conducted as per the CAR and when the petitioner also underwent this test, he tested positive and it was second occasion when he tested positive, the court noted.

"The safety of the passengers can never be compromised or diluted and unnecessary leniency to erring pilot shall be prejudicial to the safety of the passengers," said Justice Sudhir Kumar Jain.

The high court dismissed the pilot's petition seeking to set aside an order suspending his licence for three years which was later confirmed by the DGCA.

It said the petitioner was not entitled for the relief and there was no merit in the petition.

At the time of the incident in 2020, he was serving as a Command (Captain) with Air Asia (India) Ltd.


As per the petitioner's case, he was rostered to operate a flight from Delhi to Kolkata on January 26, 2020 due to unforeseen exigency and shortage of crew. Before operating the flight, he claimed to have been suffering from an ailment and had reported sick a few days back, for which he was taking medication prescribed by the doctor.

According to the petitioner, he was requested to operate the flight due to unforeseen exigency and shortage of crew and despite medical condition he reported for last minute duties on request from the airlines.

He claimed that he was neither under the influence of alcohol, sedative or narcotics nor had consumed any psychotropic substance before the flight.

The DGCA contended that there was no infirmity in the order suspending the pilot's licence and added that the CAR provisions are mandatory and have to be followed without any exception even during unforeseen exigencies as the passengers' safety is the topmost priority.