KAILASHNATH CHOUBEY Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition is for issuance of writ of mandamus directing the respondents to consider the case of petitioner for the benefit admissible under m. P. Swatantrata Sangram Sainik Samman Nidhi Rules, 1972.

(2.) IN short the petitioner in his writ petition has stated that he actively participated in the freedom struggle movement and Quit India Movement. He was arrested on 12-8-1942 for an offence punishable under Rule 38 (5) of defence of India Rules and a fine of Rs. 251/- was imposed on him in Criminal case No. 42/42. It was provided that in case of default, petitioner was liable to undergo rigorous imprisonment for a period of one month. Petitioner deposited rs. 251 towards fine. Petitioner made a representation for grant of Samman nidhi but the same was denied. Various commendatory letters and certificates issued by MLAs and M. Ps are placed on record cumulatively vide Annexure/p-2 to P-4. Petitioner requested the concerning jail authority at Damoh for supplying the requisite documents about the Criminal Case. In turn, Superintendent of Jail, damon informed the District Magistrate, Damoh vide Annexure/p-7 that the record pertaining to the year 1942 was destroyed/damaged. Vide Annexure/p-8 dated 17-7-2001, it was informed by the Deputy Secretary, G. A. D. , Bhopal that the petitioner had deposited the amount of fine and has not undergone the imprisonment. Moreover, his name is not included in the list of Swatantrata senani of the district. Accordingly, request of the petitioner for grant of Samman nidhi could not be acceded to. This action has been challenged in the present writ petition on the ground of illegality and arbitrariness.

(3.) IN the return, it is submitted by the respondents that the petitioner having deposited the fine of Rs. 251 was not required to undergo the imprisonment of one month. Petitioner was not found entitled in view of the provisions of M. P. Swatantrata Sangram Sainik Samman Nidhi Rules, 1972 (hereinafter referred to as 'rules of 1972')-