JUDGMENT

N.P. Singh, J.

1. Leave granted.

2. The appellant, while holding the post of Air Vice Marshal, filed a writ application, questioning the validity of the decision of the Union of India, refusing to moderate the Appraisal Report of 1987; to promote the appellant to the rank of Air Vice Marshal from a prior date, and to grant extension of the service to the appellant for one year, in the rank of Air Vice Marshal.

3. There is no dispute that the case of the appellant had been cleared for all selection grade promotions up to the rank of Air Commodore. A meeting of the Selection Board, to consider the cases for promotion to the rank of Air Vice Marshal, was held in February 1987. In that meeting, the case of the appellant was also considered, but his name was not recommended for promotion, on the ground that there was only one report available by that time. A decision was taken by the Selection Board to watch the performance of the appellant for at least a year more, to assess his potentiality and suitability, for discharging the higher responsibility attached to the rank of Air Vice Marshal. He was also not found fit for promotion by the Selection Board of 1988.

4. By a letter dated February 22, 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."

5. The appellant made statutory complaints to different authorities. On basis of the representation 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.

6. 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.

7. 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 Solicitor 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 dependant, only on the merit and the service, he has rendered to the nation.

8. 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