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By a letter dated 22nd February, 1988, the appellant was informed of the adverse remarks made in his Appraisal Report for the year 1986. The following remarks were communicated to him :-

"One gets the impression that he is constantly trying to get round his superiors. by sweet talk/visits/gifts, to get what he wants-by way of good reports, postings, courses, decorations etc."

The appellant made statutory complaints to different authorities. On basis of the station made. the aforesaid remarks were expunged sometime in January/February. 1989. His request for moderation of the Appraisal Report for 1987 was, however, not accepted. As the adverse remarks aforesaid made in his Appraisal Report of 1986 were expunged, he was cleared for promotion by Selection Board of 1989.

According to the appellant, because of the aforesaid adverse remarks made in his Appraisal Report of 1986, he was denied promotion to the post of Air Vice Marshal in the years 1987 and 1988. As such, when the said adverse remarks were expunged in the year 1989, the question of his promotion to the post of Air Vice Marshal should have been considered afresh with reference to the year 1987. It was asserted that the adverse remarks, given in his Appraisal Report of 1986, did create a bias against the appellant. It was pointed out that although the adverse remarks aforesaid had not been communicated to the appellant, still they had been placed before the Selection Board in the year 1987. According to the respondents, the aforesaid remarks were never treated as adverse and because of that it was not considered necessary to communicate them to the appellant, before they were placed before the Selection Board. The learned Additional Solitor General, however, could not give any explanation as to why those remarks were later communicated to the appellant for his comment and explanation. Apart from that, it is an admitted position that later, those remarks have been expunged. We fail to appreciate as to how remarks in the Appraisal Report, saying that the officer concerned "is constantly trying to get round his superiors, by sweet talk/visits/gifts, to get what he wants-by way of good reports, postings, courses, decorations etc.", could be considered to be not adverse remarks, especially in context with Indian Air Force, where an officer is expected to be straightforward, upright, conscious of the fact that his recognition and promotion are dependent, only on the merit and the service, he has rendered to the nation. The High Court has come to the conclusion that in view of the remarks, having been expunged in the year 1989, the case of the appellant has to be reconsidered. It has been held, that the appellant was entitled to be promoted, to the rank of Air Vice Marshal by the Selection Board of 1988, with all consequential benefits. A direction has been given to the respondents to fix the appropriate date of the promotion of the appellant on basis of his selection by the Selection board of 1988.

But, according to the appellant, a direction should have been given to promote the appellant to the rank or Air Vice Marshal by the Selection Board of 1987 instead of 1988, when it has been established that the adverse remarks, made in the Appraisal Report of the year 1986 were placed before the Selection Board of 1987 and those adverse remarks have been later expunged.

It is well-known that a Selection Board, while considering the suitability of an officer for promotion to a higher post or rank, takes into consideration several factors and it is not solely based on the Appraisal Report of the controlling officer. The learned Additional Solicitor General produced the proceedings of the Selection Board of 1987 and pointed out that the Selection Board had postponed the promotion of the appellant on the ground, that only one report was available by that time and as such decision was taken to watch the performance of the appellant at least for a year more, to assess his potentiality and suitability for discharging the higher responsibility attached to the rank of Air Vice Marshal. The aforesaid fact has been mentioned in the proceedings of the Selection Board of the year 1987. In such a situation, it was neither possible for the High Court, nor is possible for this Court to act as a court of appeal against the decision of the Selection Board, which has been vested with the power of selection of an officer for being promote to the rank of Air Vice Marshal. No oblique motive has been suggested on behalf of the appellant against any of the members of the Selection Board and there is no reason or occasion for us to infer such motive on the part of the members of the Selection Board for denying the promotion to the appellant with reference to the year 1987. Public interest should be the primary consideration of all Selection Boards, constituted for selecting candidates, for promotion to the higher posts, but it is all the more important in respect of Selection Boards, meant for selecting officers for higher posts in the Indian Air Force. The court cannot encroach over this power, by substituting its own view and opinion. According to us, there is no scope to interfere with the decision of the Selection Board of 1987, merely on the ground that adverse remarks, in the Appraisal Report of 1986, which were placed before the Selection Board in the year 1987, were later expunged.

So far the direction to fix the appropriate date of promotion of the appellant with reference to the selection Board of 1988 is concerned, the learned Additional Solicitor General took a stand that only a direction to consider the case of the appellant for promotion with effect from 1988 should have been given, instead of directing the respondents to fix the appropriate date of his promotion on basis of selection being made by the Selection Board of 1988. The High Court has pointed out, that reason given for not promoting the appellant in the year 1987 was that there was only one Appraisal Report of the appellant in February, 1987, but nor reason has been furnished for ignoring him for the year 1988. As per the guidelines for promotion, the appellant had minimum of three '7's in the preceding five years and two '7's in the preceding three years. In normal course he should have been promoted in the year 1988, in view of the guidelines framed by respondents themselves. It appears, he was ignored for promotion in the year 1988, because of the adverse remarks in the Appraisal Report of the year 1986. No other explanation has been furnished on behalf of the respondents. Accordingly, we direct the respondents to reconsider the case of the appellant for promotion to the post of Air Vice Marshal with reference to the year 1988, in view of the fact that adverse remarks aforesaid have been expunged in the year 1989. The question as to whether the appellant was entitle for one year extension w.e.f. the date of his retirement i.e.31.10.90 has to be armed with reference to the criteria laid down for the same. The age of reticence fixed for the Air Vice Marshal is 55 years. The guidelines for extension of service, say in clear and unambiguous terms that extension will not be granted automatically but will be subject to fulfilling the requisite conditions, to be determined separately by the Ministry of Defence in consultation with Ministry of finance (Defence) and Air Headquarters. On the relevant date the criteria fixed for considering the extension of service beyond the retirement age was :-