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Vijay Mohan
Tribune News Service
Chandigarh, March 18
The “severe displeasure” awarded to an SU-30 pilot involved in a mid-air collision with another fighter during a combat training sortie, that caused damages of over Rs 47 crore, has been set aside by the Armed Forces Tribunal (AFT) on grounds of procedural irregularities.
Based upon findings of a court of inquiry (CoI), Chief of the Air Staff had approved the severe displeasure for 24 months to a Group Captain and a Wing Commander and severe displeasure for 12 months to a Flight Lieutenant in 2017 for alleged violation of rules of combat, flight safety considerations and direct piloting lapses.
In April 2015, two twin-seater SU-30 aircraft from Sirsa were manoeuvering in close proximity at high speed when the nose of one aircraft scrapped through the tail of the other, though the aircraft were recovered without any fatalities.
Consequently, administrative action was initiated at the level of Air Headquarters. The petitioner, a Wing Commander, had averred that he was not given adequate opportunity to defend his case. He has since been promoted to the rank of Group Captain after expiry of the censure period.
The AFT Bench comprising Justice VK Shali and Vice Admiral P Murugesan observed that no legal or professional reasons were recorded on file for resorting to administrative action instead of trial by a court martial.
Though the tribunal declined to quash the CoI’s convening order on grounds that the petitioner was unable to make out a sufficient case, it observed that the CoI was re-convened three times after initial assembly with large intervals of time in between and two of the subsequent assemblies were under different presiding officers.
“This indicates existence of some deficiency in the procedure adopted, when viewed in a proper perspective,” the Bench remarked, while directing Air Headquarters to issue a show-cause notice to the petitioner.