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2011 (5) TMI 868 - SC - Indian LawsWhether order dated 29.5.2008, keeping the CAR 2007 in abeyance could be passed without following the procedure prescribed in CAR dated 13.10.2006? Held that:- The High Court has observed that in the instant case, the reviving of AIC 28/92 is in question, even the keeping in abeyance of the CAR, whether by the DGCA or other competent authority, is in issue. However, it is merely an interregnum arrangement till the new CAR comes into picture. The High Court held that DGCA is directly under the control of Civil Aviation Ministry and considering the rules of business, the Government being the appropriate authority to formulate necessary policy in relation to the subject matter in issue, and the Government in its wisdom having decided after taking into consideration all the representations made from various sections, has appointed a Committee to formulate CAR in relation to the matters enumerated under order dated 29.5.2008, and on that count, the DGCA in exercise of its power under Rule 133A r/w Rule 29C of the Rules 1937 issued the Circular dated 29.5.2008, and therefore, no fault can be found with the same. Being so, we are in agreement with the finding recorded by the High Court that even assuming that there is a challenge to the communication dated 2.6.2008 in the petition, the same is to be considered as devoid of substance as undisputedly, the DGCA has ample power to issue such instructions or directions in exercise of its power under the Rule 133A r/w Rule 29C of the Rules 1937. Since, the appellants have not been able to point out any provision even for issuance of instructions for such interregnum period, the provisions of CAR of 13.10.2006 would be attracted in the matter. Appeal dismissed.
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