SADEPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Government Advocate. The State Government has also filed the statement of objections. Hence the petition is considered for disposal even at this stage having regard to the facts of the case.

(2.) THE petitioner claims to be a Freedom Fighter who had participated in the Quit India Movement in the year 1942. He was arrested and kept in the Central Jail, Belgaum along with others for more than six months. With the introduction of Freedom Fighters Pension Scheme, 1969, the petitioner is said to have made an application along with necessary documents to the 1st respondent and requested grant of pension. After a detailed enquiry, the petitioner was granted pension on 11.01.1993 with retrospective effect from 22.11.1980 at the rate of Rs. 100/ - per month. It is claimed that, after a period of eight years from such grant, the 1st respondent has cancelled the pension on the ground that the petitioner had failed to comply with the direction to produce all documents in respect of his bonafides at the time of enquiry that was conducted in respect of all the recipients of such pension on account of wholesale fraud.

(3.) AS a matter of fact, when there was no fault involved on the part of the petitioner, who obtained the benefit of pension, it is impermissible to the authorities to cancel the order directing the payment of pension and seeking recovery. For no fault of the petitioner, if he has received any pension, he shall not be called upon to refund the same. It is that which is under challenge.