The Supreme Court Monday directed the Indian Air Force (IAF) to re-assess within three weeks the question of promotion of six air vice marshals to the rank of air marshals in accordance with the promotion policy of 2004.
A bench consisting of judges Y.K. Sabharwal and P.P. Naolekar directed the IAF's special promotion board to submit its report in a sealed cover.
The apex court issued its directive on a special leave petition filed by the government challenging a Delhi High Court order that had struck down the 2002 promotion policy and the working of the promotion boards that went into the cases of Air Vice Marshals Harish Masand and T.S. Chatwal.
The bench told Solicitor General G.E. Vahanvati that the special promotion board should consider afresh the cases of Masand and Chatwal along with the four officers -- A.D. Joshi, J.S. Gujral, F.H. Major and A.K. Singh -- who were promoted to the rank of air marshal in 2003.
Vahanvati said the high court had overlooked the fact that there was serious censure against Masand by the then IAF chief, Air Chief Marshal A.Y. Tipnis, for financial irregularities and it was not considered by the promotion board which promoted him to the rank of air vice marshal.
He contended that the high court had erred by quashing the selection boards as they not only looked into the merit and seniority but also the personal records of these senior officers.
Senior advocate Vivek Tankha, appearing for Masand, said though the censure came after the promotion board, the government had considered the same before allowing him to wear the rank of air vice marshal.
Senior counsel Jawaharlal Gupta, who appeared for Chatwal, said his client was due to retire by the end of this month and his retirement would be without prejudice to his rights and contentions for promotion. The bench agreed with his submission.
The high court had given its verdict Nov 8 while deciding on two petitions filed by Chatwal and Masand, who had alleged they were denied promotions to the rank of air marshal by the special promotion board convened in February 2003.
This board had promoted Joshi, Gujral, Major and Singh.
The high court had directed that a new special promotion board should re-assess the comparative merit of Masand, Chatwal and other candidates in keeping with the 2004 promotion policy.
--Indo-Asian News Service