The Delhi High Court has held that passengers aggrieved by alleged misconduct or unlawful behaviour of airline personnel may pursue appropriate civil or criminal remedies available under law, while refusing to direct the Ministry of Civil Aviation and the Directorate General of Civil Aviation (DGCA) to frame a separate regulatory mechanism for such complaints.
It clarified that if the petitioner remained dissatisfied, she was at liberty to pursue appropriate civil or criminal remedies.
The High Court said that no further direction for initiating action against the airline in relation to the same incident was warranted.
The Court observed that the formulation of rules, regulations and regulatory guidelines falls within the domain of the competent authorities and is a matter of policy. The Court noted that mechanisms dealing with passenger misconduct are aimed at ensuring the safety and security of airports and flights. It added that alleged unruly behaviour by airline personnel can be dealt with through appropriate civil or criminal remedies.
The Court also noted that the petitioner had earlier approached the High Court, following which the DGCA was directed to treat her petition as a representation and decide it within 30 days. Because a petitioner considers them appropriate, it said that the High Court, while exercising jurisdiction under Article 226 of the Constitution, cannot issue a general direction compelling the government to formulate rules or prescribe specific disciplinary measures merely.
However, the Court said the absence of a corresponding mechanism in the CARs, by itself, did not justify a judicial direction requiring authorities to frame rules in the manner sought by the petitioner.
