The Hindu : Front Page : Report on Air Force promotions sought

Online edition of India's National Newspaper
Tuesday, Dec 14, 2004

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Front Page

Report on Air Force promotions sought

By Our Legal Correspondent

NEW DELHI, DEC. 13 . The Supreme Court today directed the Air Force Special Promotion Board (SPB) to reassess within three weeks the promotion of six Air Vice-Marshals to the rank of Air Marshals as per the 2004 promotion policy and submit the report in a sealed cover.

A Bench of Justice Y.K. Sabharwal and Justice P. P. Naolekar passed this order on a special leave petition filed by the Centre challenging the Delhi High Court order striking down the 2002 promotion policy as well as the SPBs that went into the cases of Air Vice-Marshals Harish Masand and T.S. Chhatwal.

The Bench told the Solicitor-General, G.E. Vahanvati, that the board should consider afresh the cases of Air Vice-Marshals Masand and Chhatwal along with the four promoted AVMs, A. D. Joshi, J.S. Gujral, F.H. Major and A.K. Singh by the SPB in 2003.

The Solicitor-General submitted that the High Court had overlooked the fact that there was serious censure against Mr. Masand by the then Air Chief A.Y. Tipnis for financial irregularities and it was not considered by the SPB, which promoted him to the rank of Air Vice-Marshal. He said the High Court had also erred by quashing the Selection Boards as they not only looked into the merit and seniority but also into the personal records of these senior officers.

Senior advocate Vivek Tankha, appearing for Mr. Masand, said even though the censure came after the SPB, the Government had considered the same before allowing him to wear the rank of Air Vice-Marshal.

Senior counsel Jawaharlal Gupta, who appeared for Mr. Chhatwal said Mr. Chhatwal was due to retire by the end of this month and his retirement would be without prejudice to his rights and contentions for promotion and the Bench agreed with his submission.

The High Court had given the verdict on November 8 while deciding two petitions filed by AVMs Chhatwal and Harish Masand, who had alleged that they were denied promotions to the rank of Air Marshal by the February 2003 Special Promotion Board (SPB) which promoted A.D. Joshi, J.S. Gujral, F.H. Major and A.K. Singh to the rank.

The High Court had directed that the fresh SPB would reassess the comparative merit of Masand, Chhatwal and other candidates as per the 2004 promotion policy which gave only five per cent weightage to board marks.

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