Judgment 1. The delay in filing the appeal is condoned. 2. This is a Letters Patent Appeal by a Corporal in the Air Force, Debjit Sahani against an order of 25 February, 2004 on C.W.J.C. No. 1768 of 2004: Debjit Sahani vs. The Union of India & Ors. 3. The petition was filed on the ground that the petitioner did not pick up a rank of a Sergeant with the Indian Air Force. It was his contention in the petition that the rank of a Sergeant ought to be given to him from October, 1999. 4. The plausible reason, which is on record, for the petitioner losing his promotion in the rank of Corporal for a limited number of years was that he had a knee injury. He was advised to undergo surgery. Instead, he declined the offer and gave a certificate in writing that he has domestic problems, he cannot take this surgery and that he is fully aware of the consequences. At best, as it is contended on behalf of the petitioner appellant that this may not be a reason or record which sufficiently points out the avoidance of medical attention on which he was asked to undergo surgery. Though, this became the cause of his losing rank because he was down graded by category. 5. Not to be ignored on the record is the aspect that the petitioner was an airman in uniform in the rank of a Corporal. He made a representation to his Commanding Officer in which he used an intemperate language. He used expressions the like of which were retorted. He said on record that the decision rendered to him by his superior authorities were full of paradoxes and then asked several questions as if to question the Air Force authorities on their bona fide as to why treatment was not given to him in time. He asked questions from his superiors. The text reads: (a) Once AFRO do not hold any record to comment upon the period from Feb. 1989 to Feb. 1995 then on what base AFRO claim that I was given conservative treatment during 1989 to 1995? What is the source of such claim? (b) Who was the specialist to diagnose my case as synovoties? (c) What was the type of treatment conferred to me for synovities during 1989? 1989 to Feb. 1995 then on what base AFRO claim that I was given conservative treatment during 1989 to 1995? What is the source of such claim? (b) Who was the specialist to diagnose my case as synovoties? (c) What was the type of treatment conferred to me for synovities during 1989? (d) What is the relevant medical excuse and treatment for synovities and what was conferred to me? (e) How despite conservative treatment became a case of TOK with tear ACL in Feb. 1995 whereas I was synovities in Feb. 1989 as per AFROs statement? My service medical document has made it explicit that I have been suffering from IDK with tear ACL since Feb. 1989 and not from synovities. 6 Thereafter, the petitioner appellant was warned by a Flight Lieutenant, Adjutant for the Commanding Officer, by communication dated 1 November, 2002 (Annexure 5 to the petition) to refrain from submitting frequent applications on similar ground on the subject in future. 7. This Court is of the impression that the demeanour of the petitioner appellant as an Airman in uniform, in effect, amounts to a misdemeanour. He is lucky that he has retained his service. He is also fortunate that he will pick up rank in future which has been indicated to him. 8. In the circumstances of a situation which is making of the petitioner appellant, the learned Judge has committed no error. This appeal is misconceived. 9. Dismissed.