The pilot allegedly made an airhostess sit in the cockpit with him and asked the co-pilot to sit out during a flight to Bangkok from Kolkata and back. The alleged incident took place on February 28. The cabin crew had complained to the airline management of the inappropriate behaviour. SpiceJet has terminated the services of the pilot.
"We will check if the action of the pilot compromised the safety of passengers," said a DGCA official. According to the official, probing a sexual harassment case does not fall in the jurisdiction of the regulator.
SpiceJet said the pilot was found guilty after an internal inquiry under the Sexual Harassment of Women at Workplace (prevention, prohibition and redressal) Act, 2013.
"The inquiry process has been concluded and the services of the pilot have been terminated," the airline said, adding its flight safety department had informed the DGCA about examining possible violation of safety rules. Experts said the SpiceJet pilot might have violated safety norms by asking a cabin crew to occupy the pilot's seat.
"Only type-rated personnel can occupy pilot seats during a flight. Airline staff and DGCA officials are allowed inside the cockpit but cannot occupy pilot seats. They can only take the observer seat behind the pilots seats. If the pilot asked a cabin crew to sit on the co-pilot's seat then it is a violation," said AK Chopra, former joint director, DGCA. The restriction is imposed to ensure controls or switches in the cockpit are not accidentally touched during flight. This norm is relaxed if one of the pilots is incapacitated and assistance is required for landing the aircraft in an emergency.
Cabin crew are also required to remain present inside the cockpit when one of the pilots is in the cabin to ensure that the cockpit is always manned by two people.
The SpiceJet incident also raises issues related to crew resource management. These are a set of aviation procedures adopted for overall flight safety and focus on interpersonal skills, leadership and decision-making inside the cockpit.
The pilot's action of asking a crew member to stay longer than required can be seen as preventing her from carrying out duties and preventing the in-flight supervisor from assigning duties. "There is nothing in black and white that states how long a crew member can remain inside the cockpit, but what is critical is that the presence does not affect pilots' work or inflight service," said a captain with a private airline.
Rule 141 of the Aircraft Rules 1937 lays down the duties of the pilot in command. "In addition to being responsible for the operation and safety of the aircraft during flight time, the pilot-in-command shall be responsible for the safety of the passengers and cargo carried and for the maintenance of flight discipline and safety of the members of the crew," states the rule.
Chopra said the SpiceJet pilot's action could be construed as a violation of this rule.
The rule states the commander is the "final authority" when in command of an aircraft. Some pilots tend to misuse this provision, the senior captain quoted earlier added.
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Generally, a pilot's role and responsibility is confined to operations and flight safety while cabin crew are in charge of inflight service. Work allotment and duty positioning in the aircraft is to be decided by the in-flight supervisor, but sometimes pilots interfere in that function because they want a particular crew member to function in a particular area.
Some observers said suspending the pilot was pre-emptive and that the DGCA inquiry should be forward looking. “No one should be made a scapegoat before an impartial inquiry. There should be some guidelines for the cabin crew similar to crew resource management,” said one source.