SURAJ PRASAD SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, by means of the present writ petition under Article 226 of the Constitution of India, has challenged the order dated 31 -5 -1996 (Annexure '6' to the writ petition) passed by the under Secretary of the State Government whereby his representation for grant of Freedom Fighters Pension under the U.P. Freedom Fighters Grant of Pension Rules, 1975 has been rejected.

(2.) APPARENTLY , the order impugned in the writ petition does not contain any reason and for this simple reason, this order of rejection of the representation cannot be sustained. Learned Standing Counsel has tried to justify the impugned order on the basis that Standing Counsel may be granted time to file counter -affidavit wherein they will give the reasons for refusing the payment of political pension to the petitioner. Even if such a statement is made in the counter -affidavit, then also in view of the decision reported in AIR 1978 Supreme Court page 851, reason, if at all, has to be given is to be given in the impugned order and cannot be substituted by filing an affidavit or producing the record.