HARDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this petition, the petitioner is seeking directions to the respondents to declare him a freedom fighter.

(2.) THE brief facts necessary for the adjudication of this petition are that the State of H.P. has framed a scheme "H.P. Freedom Fighters Samman Rashi Yojna-1985" for the grant of financial assistance by the Government of Himachal Pradesh to the Freedom Fighters of Himachal Pradesh (hereinafter referred to as the Scheme). The petitioner submitted an application to the Deputy Commissioner, Mandi on 24.1.1997 along with application form vide Annexure P-1. In a sequel to the application submitted by the petitioner on 24.1.1997, the Deputy Commissioner directed the Sub Divisional (Civil) Gohar on 27th March, 1997 to inquire into the matter and detailed a report along with the certificate of imprisonment be delivered to his office. The Deputy Commissioner, Mandi sent a letter to the Joint Secretary (General Administration Department), Himachal Pradesh on 18th January, 1999 stating therein that on inquiry it has been found that Sh. Hardev son of Sh. Uttam Singh remained under-ground from 28th September, 1947 to 25th February, 1948. In support of this, Sh. Tej Singh Nidharak has given his affidavit. Alongwith letter dated 18th January, 1999, the Deputy Commissioner has also enclosed the report of the Sub Divisional Officer (Civil), Gohar for further necessary action vide Annexure P-3/T.

(3.) IN sequel to the notices issued by this Court, respondents No.1 and 2 have filed their respective replies. As far as the reply of respondent No.2 is concerned, it is stated therein that the case of the petitioner was placed before the Sub Committee of the Himachal Pradesh Freedom Fighters Welfare Board in its 43rd Meeting held on 16th May, 2000 but the Committee was not satisfied because copies of the arrest warrant of the- then Ruler were neither produced by the petitioner nor such documents were found in the Government record and consequently the Sub Committee has rejected the case of the petitioner and information to this effect was given to the petitioner on 19th June, 2000.