DEVENDER SINGH Vs. FREEDOM FIGHTER DIVISION

JUDGEMENT

(1.) Petitioner by this writ petition, seeks a direction to the respondents to release the freedom fighter pension to him from the date of its suspension along with interest. Further, quashing of letters dated 7.3.2002 and 2.7.2004, whereby the pension sanctioned to the petitioner had been suspended and cancelled, be quashed as null and void.

(2.) Petitioner claims that a case bearing NARC OF GR No.46(8) OF 1942 was registered against him at Police Station Maner. He had been declared as an absconding person. Petitioner, therefore, on 28.1.1982, applied for the grant of pension in his favour to respondent No.3. Petitioner also sought record of case GR No.46(8) of 1942, in respect of petitioner's taking part in the freedom movement from the Court of Special Magistrate, Danapur. The said record was not available. Petitioner, therefore, led secondary evidence, as admissible under the Scheme and submitted the "personal knowledge certificate" from District Veteran Freedom Fighter, Sh.Dev Prasad Singh, which was followed by certificate from another Freedom Fighter. Petitioner claims that he remained under ground from 18.8.1942 to December, 1944.

(3.) Petitioner's claim for grant of pension was recommended by the State Advisory Committee. It is the petitioner's case that this recommendation was made after thorough inquiry and complete verification. Petitioner duly completed the requisite formalities and on 5.3.1998, petitioner's claim for pension was sanctioned at the rate of Rs.3,000/- per month w.e.f. 2.1.1998. In the event, the High Court of Patna in CWJC No.10638/2001, suo motu gave directions for investigation in respect of pensions sanctioned to freedom fighters in the year 1997-98 in the State. As a result of this probe, a report was submitted by the respondents, in petitioner's case. On mere physical looks, it was reported that petitioner appeared to be 65-70 years old and as such during the freedom movement, he would have been 7 to 11 years old. Hence in the absence of the case record, petitioner appeared to be of tender age and a minor incapable of having participated in the freedom movement. Accordingly, vide order dated 7.3.2002, suspension of the pension was ordered. A show cause notice was issued for cancellation.