BAIKUNTHA NATH NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Admit.

(2.) Petitioner claiming to be a freedom fighter has filed this writ application assailing the action of the opposite parties in cancelling his pension under the Swatantrata Sainik Samman Pension Scheme since 26.09.1986 on the ground that no proper enquiry/verification was made before granting such pension.

(3.) The case of the petitioner is that he was a resident of erstwhile princely State of "Nilgjri", at present a part of the Balasore district of Orissa. He further pleads that he participated in the Praja Andolana. On 09.08.1942, the National leaders were arrested for the AICC resolution, popularly known as the 'Quit India Movement'. Petitioner participated in the Praja Andolana since the year 1938 and he was instrumental in carrying out the freedom movement defying the king's order for which he was arrested, prosecuted and admitted to the State Jail, Nilgiri on 15.03.1942 having been sentenced to undergo rigorous imprisonment for six months and was released on 14.09.1942 being found guilty of the charges under Sections 188 and 283 of the Indian Penal Code by Dewan of Nilgiri. The main allegation was that he was instigating people against the ruler. To this effect, he has filed a true copy of the certificate dated 19.04.1985 issued by the Superintendent of Sub-Jail, Nilgiri.