(1.) Rule D.B. With the consent of counsel for the parties the writ petition is taken up for final hearing.
(2.) On 19th March, 1996 the petitioner was enrolled in the Indian Force as an Airman and was promoted to the rank of LAC and thereafter to the rank of a Corporal. On 3rd April, 2004 the petitioner was called by the Unit Authorities stating that there was some complaint against him but he was not supplied any copy of the said complaint. On 25th May, 2004 a show cause notice was issued against the petitioner by the respondents. On 21st June, 2004 the petitioner submitted a reply to the said show cause notice. On 10th August, 2004 an order of dismissal was passed by the respondents against the petitioner. On 25th August, 2004 the petitioner preferred a representation to the concerned authority, seeking copies of the relevant documents for the purpose of filing an appeal to the Chief of Air Staff. On 6th September, 2004 the petitioner preferred a statutory petitioner/appeal to the Chief of Air Staff but no decision was taken on the said petition/appeal. On 26th April, 2005 the petitioner preferred a civil writ petition No.7167/2005 in this court which was disposed of directing the Chief of Air Staff to decide the petitioner's statutory petition within one month. On 8th June, 2005 the petitioner's statutory petition was disposed of by the Chief of the Air Staff.
(3.) The petitioner's sole grievance is that the order dated 10th August, 2004 which was appealed against to the Chief of Air Staff was passed by the Chief of Air Staff himself while he was serving as AOC-in-C. The petitioner's grievance is that the hearing of the appeal by the Chief of Air Staff in whatever capacity is contrary to law. The fact of the hearing of the appeal by the Chief of Air Staff, Air Chief Marshal, S.P.Tyagi is not denied. However it is contended by the respondent that this was done as the Chief of Air Staff applied his mind afresh on being advised by a different set of staff officers.