M A I N   N E W S

HC summons Air chief’s service files
Air Force rebuts report

New Delhi, September 26
The Indian Air Force today rebutted reports that the Delhi High Court had summoned service files of the Chief of Air Staff, Air Chief Marshal S. Krishnaswamy, in connection with an ongoing case regarding the denial of promotion to an Air Vice-Marshal.

“There has been no such direction, either explicit or implicit by the court,” an IAF spokesman said, citing the Judge Advocate-General (JAG) (Air Force), who was representing the IAF in the case.

According to reports the Delhi High Court has summoned the records relating to “censures” earned by Chief of Air Staff S. Krishnaswamy and sought to know how he made it to the top post despite having invited adverse remarks in his career.

The direction came from a Division Bench of Mr Justice Vijender Jain and Mr Justice H.R. Malhotra during hearing on a petition by Air Vice-Marshal Harish Masand, who was denied promotion to the rank of Air Marshal on the ground that he had earned “censures” in his career.

Decorated with Vir Chakra and Vayu Sena Medal, Masand approached the court after officers “much junior” to him and “lower in merit” were promoted to the post of Air Marshal on January 1 this year while he was denied the same.

The court was surprised to hear from Masand’s counsel that Krishnaswamy, who was commanding the Pune base of the Air Force, had also earned censures, including the one in October, 1990 for an accident involving loss of a MiG 29 aircraft and Masand had to give his expert opinion on that after being called by then Air Chief Marshal S.K. Mehra.

“If Krishnaswamy can become the Chief of Air Staff despite those censures, why can’t he (Masand) be promoted to the rank of Air Marshal?” the Bench asked.

The court reportedly directed Additional Solicitor-General P.P. Malhotra to get the relevant files in original from the Defence Ministry on Tuesday when the hearing on Masand’s petition would resume.

The Additional Solicitor-General submitted that at the time of promotion of an officer his entire career record, including censures, if any, had to be perused and the decision not to promote Masand was taken after due consideration.

However, Masand’s counsel countered the argument claiming censures had a limited effect on an officer’s career and one censure could not be considered more than once.

After earning censures Masand got four promotions. His last censure was awarded in May, 2001, and despite that he made it to the rank of Air Vice-Marshal in December, 2001, he said. “A censure does not carry much significance in view of the 1995 amendment made in the Air Force Order which says censure can be considered only once,” he added.

He claimed the Special Promotion Board held in February last year was vitiated as the initiating officer, Chief of Air Staff S. Krishnaswamy, was biased against Masand.

In his statutory complaint filed on January 5, Masand said that the Air Chief was biased against him and certain adverse remarks made by Krishnaswamy against him were “corrected” by then Air Chief Marshal Tipnis in February, 2001. — UNI, PTI