New Delhi, Dec. 13: The Supreme Court today asked the Air Force Staff Promotion Board to ?re-evaluate? within three weeks the promotion of six air vice-marshals to the rank of air marshals according to the 2004 promotion policy and submit a report in a sealed cover.

A division bench of Justices Y.K. Sabharwal and P.P. Naolekar gave this order on an appeal by the Centre challenging the Delhi High Court order that had quashed the 2002 promotion policy and an order of the board rejecting the cases of air vice-marshals Harish Masand and T.S. Chatwal.

The selection board has to now ?re-evaluate? the cases of Masand, Chatwal, as well as those of A.D. Joshi, J.S. Gujral, F.H. Major and A.K. Singh, who were promoted to the rank of air marshal in 2003.

Under the 2004 promotion policy, 95 per cent of the marks were awarded for merit and 5 per cent were reserved for the board for grading an officer. The 2002 policy had given the discretion of the board a greater role in senior-level promotions and had kept the ratio at 80:20.

The high court, solicitor-general G.E. Vahanvati told the apex court, had ?overlooked? that there was a serious censure against Masand by the then air force chief, A.Y. Tipnis, for financial irregularities. This, the counsel for the Centre argued, had not been considered by the promotion board, which had promoted him to the rank of air vice-marshal.

Senior counsel Vivek Tankha, appearing for Masand, contested this. Tankha contended that, though the censure came after the board had promoted Masand, the government had considered it before allowing him to wear the rank of air vice-marshal.

Masand?s counsel argued that once the officer was allowed to wear the rank of air vice-marshal, the censure before that could not be taken into account by the board while considering him for promotion to the rank of air marshal.

Appearing for Chatwal, senior counsel J.L. Gupta told the court that the officer would retire on December 31 and that he should be allowed to continue as air vice-marshal during the pendency of the case as he had been wrongly denied promotion to the rank of air marshal.

The bench made it clear that the ?retirement of Chatwal as air vice-marshal will be without prejudice to his rights and contention regarding his promotion and continuance as air marshal?.

The bench said that ?using the 2002 promotion policy?, the top officers could not be brought down as this would send ?wrong signals? about the country?s protection force.