( 1 ) I have gone through the judgment prepared by my esteemed brother Hon ble Mahinder Narain, Acting Chief Justice, but for reasons given in my judgment, I am unable to agree with the decision arrived at by him, as in my view the appeal is liable to be dismissed.

( 2 ) THE appellant has challenged his non- promotion from the post of Air Commodore to that of Air Vice Marshal. His contention is that non- promotion is on account of some adverse remarks entered in his Annual Confidential Reports and the said remarks having not been communicated to him and an opportunity having not been given to make representation against the same, his non-promotion is vitiated. The second ground on which the order of the Government in not promoting him as Air Vice Marshal has been challenged is that the Chief of the Air Staff, namely, Air Chief Marshal S. K. Kaul as well as Air Chief Marshal S. K. Sareen had been harboring a grudge and were biased to the appellant which resulted in wrong projection of his case and arbitrary denial of promotion.

( 3 ) IT is not denied that till the time of consideration of the appellant for promotion to the post of Air Vice Marshal both in 1995 and