KARTAR SINGH Vs. BHARAT DYNAMICS LTD

JUDGEMENT

(1.) By the time of filing the writ petition, the petitioner was working as Sub-Inspector (Fire) in the respondent organisation. The respondent authorities proposed to revert the petitioner from the said post to that of the Assistant Sub-Inspector (Fire) on the ground of pendency of a criminal case. Towards the said objective, the authorities issued a show cause notice, dated 26-06-2007 to the petitioner seeking his explanation as to why he should not be reverted. Assailing the said notice, the petitioner filed the present writ petition. The facts in brief are that the petitioner joined the 1st respondent service on 18.09.1990 as driver/head constable. He was subsequently promoted notionally as Asst., Sub-Inspector w.e.f. 22.03.1996 through orders issued in November, 2003. Later, the petitioner's case was considered for promotion to the post of Sub-Inspector (Fire Cadre) in the year 2004 for the panel year of 2001. In fact he was promoted with effect front 23.07.2001.

(2.) When the petitioner was working as the Sub-Inspector the 1st respondent issued a show-cause notice, dated 26.06.2007 calling upon the petitioner to explain as to why he should not be reverted back to the Assistant Sub-Inspector (Fire). As a matter of clarification, in the said show cause notice it was stated that the service rendered by the petitioner in the post to which he was wrongly promoted Would not be reckoned for the purpose of increment or any other purpose in the grade/post to which he would not have been normally promoted, but for the erroneous promotion/appointment. The tenor of the show cause notice essentially is that the case of the petitioner can only be considered for promotion to the rank of SI/Fire after the finalisation of pending criminal proceedings.

(3.) The crux of the issue was that an accident took place on 16.12.1996 at about 3-10 p.m., near Red Fort, New Delhi, when the petitioner was driving a truck bearing registration No. UP 14F 2459. The accident resulted in the death of a scooterist. Holding the petitioner guilty of rash and negligent driving a crime was registered by the Delhi Police in F.I.R. No. 1497 of 1996 under Sections 279 and 304-A of I.P.C. It is further revealed that simultaneously an enquiry was conducted by the department and held that the said accident took place only due to negligence and carelessness of the deceased himself and that the petitioner was not responsible for the accident and the resultant death of the deceased. It appears that only in the light of the departmental enquiry, the petitioner was considered for promotion and was accordingly promoted.