B V GURUSHANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is a freedom fighter having been imprisoned for participating in the freedom movement in the year 1947 (Mysore Chalo Movement ). He was granted freedom fighter's pension on his application in pursuance of the Government Order No. DPAR 106 PFS 85 dated 24-2-1986. After he had drawn the pension for several years, he was served with a show cause notice dated 2-7-2001 by the Under Secretary to the Government that he had obtained the pension by misrepresenting his age i. e. , he had stated in the affidavit filed on 9-9-1985 while claiming pension that he was aged 15 years but his date of birth revealed he was born on 1-9-1936, which means during the year 1947, he was only 11 years and 1 month of age and it was improbable at that age to have participated in the freedom movement and it also ordered to suspend the payment of pension pending enquiry. Petitioner replied to the show cause notice denying the charge. Meanwhile he also filed an application u/s. 13 (3) of the Registration of Births and Deaths Act, 1970 before the Judicial Magistrate, First Class, tharikere in Crl. Misc. Petition No. 70/93 for correction of the entry in the date of birth register i. e. . to show that he was born on 1 -9-1933 and not on 1-9-1936. Learned Magistrate after notice and enquiry ordered for correction.

(2.) DURING the enquiry conducted by the state Government in pursuance to the notice Ann. A, petitioner produced the order of the learned Magistrate and reiterated what he had stated in the affidavit filed early. The state Government not satisfied with his reply has withdrawn the pension granted to him only on the ground that "the petitioner was 11 years old when he claimed to have participated in the freedom movement and it was improbable at that age to have participated. " This order at Ann. G cancelling the pension granted is questioned in this writ petition.

(3.) BY the narration' of the facts stated above and by a reading of the impugned order, it is clear the pension granted to the petitioner is re-called not by any finding of fact that the petitioner did not participate in the freedom movement but only on the ground that the petitioner being 11 years of age could not have participated in the freedom movement at that age.