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1997 Supreme(Del) 963

USHA MEHRA
AIR COMMDR. S. K. MISHRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
P.N.MISHRA, R.PATTANAIK, S.MUKHERJEE

USHA MFHRA

( 1 ) THE short point raised in this writ petition is whether the promotion of the petitioner could be vwithheldor deferred on the plea that CBI report was against him particularly when as a sequal of CBI report the petitioner had already been awardedcensure of "reproof" ?

( 2 ) TO answer this question the brief facts relevant for determination of the same are that the petitioner joined Indian Air Force on 1/12/1961. In 1979 he was selected as a Member of theselection Committee constituted for the purchase of Jagar Fighterair Craft, In 1984 he was selected as officer Incharse of Advanceelectronics Laboratory at Palam Airport known as AMSE. The Electronic Air Craft is an important equipment for striking ability of the Air Craft. The petitioner was associated as Technical Expert for theselection, inspection adn recommendation of the craft that was proposed to be purchased for bringing the Indian Air Force on thepedestal of superior striking ability. In 1989 the Indian Air Forcecondacted an air defence exercise, however, it was not successful. Hence the task to find out the causes of its failue and poor performancewas given to the petitioner. The petitioner submitted his repo















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