SUNDER PRASAD CHOUDHARY Vs. UOI

JUDGEMENT

(1.) Vide the instant petition, the petitioner is assailing the order dated 17.08.2009, whereby the respondent No. 2 has come to the conclusion that the petitioner does not meet the eligibility criteria and evidentiary requirements of the Swantantra Sainik Samman Pension Scheme, 1980 (for short 'SSS Pension Scheme'). Consequently, rejected the application of the petitioner.

(2.) Case of the petitioner is that he participated in the Quit India Movement, 1942 on the call of senior leaders like Gandhiji, Rajendra Babu, Shri Krishna Sinha and Anugrah Babu. On his participation in the aforesaid movement, a criminal case bearing G.R. No.701/42, titled as Emperor Vs. Mathura Shah & Ors. got registered and the petitioner was also named as an accused in said case. The petitioner had remained absconded upto 1946 despite NBWs and proceedings U/s 82/83 Cr.P.C.

(3.) Further case of the petitioner is that despite issuance of NBWs on 29.09.1942 against him from the court of Mr. L. L. Singh, Magistrate Ist Class, Deoghar, he could not be arrested. Thereafter, vide order dated 01.11.1942 proceedings U/s 82/83 Cr.P.C. were initiated against the petitioner. Consequently, he was declared P.O. by the said court on 30.04.1943 and since then upto 1946, he remained underground due to apprehension of arrest by the English Government.