BHAGWANDEEN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in the instant writ petition claims the relief of quashment of order (P -12) passed by the State Government rejecting the application of the petitioner for release of Samman Nidhi admissible to a freedom fighter under the rules framed by the State Government.

(2.) PETITIONER claims that he was employed in the year 1942 in the military police and he meted out sympathetic treatment to the freedom fighters in March, 1942 in the course of Quit India Movement (Bharat Chhodo Aandolan). He was kept in house arrest for about ten days in March, 1942 during Quit India Movement, thus, he is eligible for release of Pension/Samman Nidhi. The State Government as per order (P -12) has rejected the claim of the petitioner on the ground that the fact of meting out the sympathetic treatment and consequent Court -martial and imprisonment for about ten days is not established. The verification was sought from Home Department of Uttar Pradesh; it was notified by the Colonel V.K. Malhotra, Deputy Provost Marshal, Headquarter Central Command, Lucknow that there was no such record available. Supdt. of Police, Balia also certified that no such record was available. The entry is not available in any of the police station also.

(3.) IN the return filed by respondent Nos. 1 and 3 it is contended that Central Command, Lucknow has refused to verify the certificate (P -6) dated 25 -3 -1942; reliance is placed on communication (R -1) dated 14th July, 2000 and letter (R -2) issued by Supdt. of Police, Balia; in this background the respondent Nos. 1 and 3 contend that petitioner is not entitled for pen -sion/Samman Nidhi admissible to a freedom fighter.