GITA MITTAL, J. (Oral) 1. Rule. D.B. Counsel for respondent waives notice in the rule. The record which was directed to be produced on the last date of hearing is also made available. Counsels have been heard.

2. The writ petition lays a challenge to an order dated 16th of April, 2008 passed by the respondents cancelling the promotion of the petitioner to the post of Sub-Inspector/Machine Technician. The undisputed facts giving rise to this petition are noticed hereafter.

3. The petitioner was appointed to the post of Constable (General Duties) (CT/GD for short hereinafter) w.e.f. 27.07.1971 in the Central Reserve Police Force and was posted with the 82nd Battalion, CRPF since November 1989. The petitioner successfully undertook the promotional course for promotion from the post of Head Constable/Driver (HC/DVR) to Sub-Inspector/Machine Technician (SI/MT) at the CTC-I CRPF, Neemuch and qualified with ‘C’ grading. The petitioner was consequently promoted along with two other candidates to the post of SI/MT by order dated 27.09.2007 issued by the Director General of CRPF.

4. It appears that during this period, FIR No. 97/06 was registered on 25.02.1996 by the police station Kalyan Puri, Delhi against the petitioner under Section 279/304-A of IPC in connection with an accident by the Water Tanker No. DL IGC-0731. A civilian Om Prakash R/o Khichripur, Delhi was alleged to have been killed in that accident. The respondent has contended that prosecution of the petitioner in this behalf is pending at the district courts at Karkardooma, Delhi.

5. The petitioner however pleads innocence in this case and contends that the accident did not result on account of any fault attributable to him. According to the petitioner, a cyclist hit a civilian who was walking in an inebriated condition. Because of this collision with the cyclist and his drunken condition, this civilian was unable to control himself and fell down between the left front and rear wheels of the passing water tanker which the petitioner unfortunately happened to be driving at that time. The petitioner claims to have rendered immediate assistance to the deceased who unfortunately could not survive. 6. Our attention is drawn to the court of inquiry which was ordered in the incident and conducted by the respondent into the alleged accident. The court of inquiry has recorded statements of relevant witnesses. After a detailed consideration of the material brought out in the inquiry, a report stands submitted completely absolving the petitioner of any culpability or blame in the incident. The findings of this court of inquiry deserve to be noticed and the relevant extract thereof reads as under :- “ Having gone through the document/statement of witnesses and findings thereto the Court is of the opinion that No. 710040841 HC/Dvr Shiv Kumar on water truck duty was on way to Bn. Hqr. on 24.02.2006 after getting water from the water point. At Khichripur road a cyclist while crossing dashed a civilian namely Om Prakash from behind and Sh. Om Prakash being under influence of liquor could not control himself and fell between left front and rear wheel of the water truck. On a call from CT/GD Ashok Kumar who was sitting on the left side of the window keeping eye on left side because of rush, the driver managed to stop the vehicle before it could cross over the body of the civilian. He was taken to the LBS Hospital with the help of public and the attending doctor found him stable, conscious and there was no injury except injury on toe. He subsequently expired on way to Holy Family Hospital.

The postmortem report confirmed his death due to Haemorrahagic shock consequent of blunt force impact.

On going through the profile of HC/Dvr Shiv Kumar it indicates that he is a seasoned driver having earned many rewards for driving in the last 27 years of service. Having examined the circumstances of accident the civilian namely Om Prakash sustained internal injury due t