The high court stated the petitioner (now retired), can't be subjected to "double jeopardy" for the same offence, once after having been given a clean chit on merits in disciplinary proceedings.
Justice Saurabh Banerjee stated, "The continuance of the FIR under the aforesaid circumstances shall, in the opinion of this court, result in the petitioner undergoing the ordeal twice over again for the same offence."
The order of the high court came on a petition by Kathpalia seeking the quash FIR for alleged offences of destruction of evidence, criminal conspiracy, forgery, and using forged documents as genuine under the IPC and under the provisions of the Aircraft Act.
Kathpalia was removed as the director of operations of Air India in November 2018 after failing to clear the pre-flight alcohol test, with the government citing the "serious nature of the transgression and (his) failure to course correct".
Senior advocate Maninder Singh, representing Kathpalia, submitted that the Disciplinary Authority of Air India filed a charge sheet in February 2019 against the petitioner, alleging acts of forgery and misconduct and he also filed a reply to it.
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