T.A. No. 752 of 2009. Case: Air Cmde SK Misra Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

Case Number:T.A. No. 752 of 2009
Party Name:Air Cmde SK Misra Vs Union of India (UOI) and Ors.
Counsel:For Appellant: Narender Kaushik, Adv. and For Respondents: Jyoti Singh, Adv.
Judges:A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member (A)
Issue:Defence
Judgement Date:March 18, 2010
Court:Armed Forces Tribunal
 
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Judgment:

A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member (A), (Principal Bench At New Delhi)

  1. Petitioner by this Writ Petition has prayed that he may be given notional rank of Air Vice Marshal w.e.f. 1st April, 1994 and Air Marshal w.e.f. 1st July, 1996 with all consequential benefits till the date of superannuation and disciplinary action may be launched against the persons who have harmed his case.

  2. The petitioner was commissioned in 1961 in the Air Force as a Electronic Engineer. In 1979 he was selected as a member of the selection committee for purchase of Jaguar Air Craft. In 1984 he was selected to command the Electronics Repair Laboratory of Ministry of Defence at Palam.

  3. He was given promotion from time to time and he became Air Commodore in November, 1990.

  4. In 1989 he conducted an investigation for failure of defence exercise at Bombay. In that it was established that failure was due to poor deployment of radars and operational planning under Air Marshal S.K. Kaul and responsibility for failure was levelled against Air Marshal Kaul, therefore, he became biased against the petitioner. Air Marshal Kaul has become Chief of Staff in 1994. In 1994 the Promotion Board held and on account of the bias of the Chief of the Staff, in order to settle his score with the petitioner, he was denied the promotion.

  5. Petitioner was selected by the Ministry of Defence to undergo the course at National Defence College in 1993 and he passed his course successfully in 1994 and was posted at Air Headquarter.

  6. Again, in 1994 he was bypassed without fault that some letters got written against him by Sqn. Leader DK Ganguli because he snubbed him for his slackness. Then, Sqn. Leader Ganguli in league with Sqn. Leader Goel and other subordinates to the petitioner manipulated and got a Court of Enquiry initiated against him which ended with the finding that there was procedural irregularity levelled against him were false. Then, matter was enquired into by CBI in 1990. However, no action was called for. The CBI cleared his name and the Court of Enquiry decided in his favour and the Chief of Staff directed no action called for against the petitioner.

  7. Despite this he was not selected in 1994 for the post of Air Vice Marshal. Similarly, Selection Board of 1995 and 1996 did not found him fit for promotion. It is alleged that reason for deferring his promotion in 1994 was pending CBI enquiry, but, he was granted a 'reproof' by the Chief of Air Staff on 20th December, 1990. This was on account of certain irregularities were found while he was commanding Advance Electronic Laboratory of Indian Air Force at Palam. It is alleged by the petitioner that because of his remark of 1990 of so called 'reproof' i.e. 'censure' seems to come in his way.

  8. It is alleged by the petitioner that since he was granted reproof in 1990 but he was made substantive in rank of Air Commodore, despite this reproof, in 1991. As such the so called reproof stand washed out on account of subsequent promotion.

  9. Since the promotions were not given to the petitioner...

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