Wing Commander acquitted of murder reinstated after three decades, but plea for promotion to Air Marshal nixed

About three decades after an IAF Wing Commander was dismissed from service by a general court martial (GCM) on charges of murdering an Army jawan, he was reinstated in service earlier this year after being finally acquitted of all charges by the Supreme Court, but has been denied post-retirement notional promotion to higher ranks on the grounds that he did not meet the eligibility criteria.

“After his dismissal from service based on the conviction in the court martial till his reinstatement in May 2025, the petitioner had not discharged his duties, he had not earned his confidential reports (ACRs) and other qualitative requirement (QR) criteria required for promotion to various posts from Wing Commander to be promoted as Group Captain, thereafter as an Air Commodore, Air Vice Marshal and then as an Air Marshal,” the Armed Forces Tribunal Bench comprising Justice Rajendra Menon and Lt Gen CP Mohanty observed in their order passed recently.

The officer, a fighter pilot, has claimed that the jawan had jumped from his gypsy and tried to run away and in the process fell in a cemented ditch and sustained fatal injuries. The GCM held him guilty and cashiered from service and sentenced to five years of rigorous imprisonment, which was remitted by the Chief of Air Staff to two years in a civilian prison.

He challenged the GCM proceedings before the Delhi High Court in 1999 and the matter was transferred to the AFT on its formation. The AFT acquitted him of the charges in 2010 after holding that in the absence of evidence, the conviction was not sustainable. The AFT also directed that the officer would be deemed to be in service till the date of his retirement in the present rank and be entitled to pension thereafter.

The Tribunal’s orders were challenged by the Central Government before the Supreme Court, which in November 2024 saw no error in the Tribunal’s judgement and dismissed the government’s appeal. Thereafter orders were issued in May 2025 to reinstate him in service and initiate action for grating him consequential benefits.

Following this, he moved the AFT, contending that since he has been acquitted of all charges, he was entitled to be notionally promoted to the rank of Air Marshal and granted pay, allowances and all other benefits treating him as having superannuated from the post of Air Marshal.

“Admittedly he had not earned his ACRs and other QR criteria required by discharging duties in all these posts and therefor, applying the principle of law based on a judgement of the Delhi High Court, we see no reason to make any indulgence into the matter,” the Bench ruled.

The Bench also pointed out that the earlier orders were for reinstatement in the present rank and pension thereafter, with no orders on back wages. Further, there was nothing on record to indicate that his case for promotion, if any, was denied to him during the disciplinary process against him, and neither as the Supreme Court indicate any direction to grant him consequential benefits of promotion.