STATE OF KARNATAKA AND ORS. Vs. SHANKARA GOUDA

JUDGEMENT

(1.) Leave granted. This appeal arises out of an order dated 03.07.2009 passed by the High Court of Karnataka at Bangalore whereby Writ Appeal No. 5126 of 2008 filed by the Appellant-State of Karnataka and Ors. has been dismissed and order dated 28.03.2008 passed by learned Single Judge of that Court upheld. The learned Single Judge had, by the said order, allowed Writ Petition No. 5858 of 2007 filed by the Respondent herein and quashed Government Order No. DPAR 115 PFS 06, Bangalore dated 17.03.2007 which in turn had cancelled an earlier order dated 08.10.1992 issued by it granting pension to the Respondent under Rule 7 of the Karnataka Swatanrya Sainik Sanman Pariyojana, 1969.

(2.) The facts giving rise to this petition to the passing of the Government Order and filing of the Writ Petition as also the Writ Appeal before the High Court have been set out by the order passed by the High Court at considerable length. We do not, therefore, consider it necessary to recount the same over again except to the extent it is necessary to do so. Suffice it to say, the Respondent claimed to be a freedom fighter within of the meaning of the scheme mentioned above and applied for grant of pension to the State Government. The Government after inquiry sanctioned pension in favour of the Respondent and few others in terms of an order dated 08.10.1992 referred to above w.e.f. 01.09.1982. It is not in dispute that pursuant to the said order of sanction, the Respondent started receiving pension admissible under the Rules.

(3.) A complaint received from one Mr. Kakiragouda Lakkanangouda Lakkana Gouda by the Deputy Commissioner alleged that Respondent had obtained the benefit of pension under the scheme afore-mentioned fraudulently. The said complaint was marked for inquiry to the Tehsildar, Navalgund who submitted a report inter alia stating that the Respondent was a minor as in the year 1942, with the result that he would not have participated in the Quit India Movement of the year 1942. The Deputy Commissioner forwarded the said report with his own observations to the Government who upon reconsideration of the matter passed an order dated 17.03.2007 cancelling the pension sanctioned in favour of the Respondent. While doing so, the Government placed reliance upon the reports submitted by the Tehsildar, Navalgund Taluk according to which the date of birth of the Respondent entered in the record of Government Primary School, Shiru was 10.8.1940 showing thereby that the Respondent was a toddler hardly 2 years old hence incapable of participating in any kind of freedom movement whatsoever.