AJAB LAL CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have impugned the orders dated 18th August, 1992, as contained in Annexures 8 and 8/1, by reason of which the Under Secretary, Government of India, Department of Home Affairs (respondent no. 2) has cancelled the Pension order granted to the petitioners and further ordered to recover the amount paid to them. Further prayer has been made to direct the respondent to pay the full amount of freedom fighters pension to them with effect from 1.8.80 with all arrears.

(2.) THE facts of the case may be stated briefly. The petitioners applied for grant of pension under the Freedom Fighters Scheme on the ground that they participated in the freedom movement activities. Their case was scrutinised by the Advisory Committee of the State Government and being satisfied that both of them were accused in Sessions Case No. 61 of 1943 under Section 147 and 395 of the Penal Code read with Section 35(4) of the D.I.R. Act, recommended to the Central Government for grant of pension to the petitioners. At the first instance their case for such grant was rejected and the petitioners were asked to supply certain documents. On supply of all relevant documents interim pension was allowed to the petitioners. In the aforesaid criminal case the trial court acquitted four persons, who were arrested by the police and the present petitioners were shown absconders. The aforesaid sessions case was registered for an occurrence dated 12.5.43 and the same was decided after expiry of six months from the date of lodging of the first information report i.e. on 8.5.1944. The Advisory Committee took a decision on 28th/29th January, 1987 to grant pension to all the accused persons involved in Sessions Case No. 61/1943 and to this effect a letter was sent to respondent no. 2. This letter is dated 30.3.87, which is Annexure -1 to this writ application. The Central Government in turn asked to send the individual cases of the accused of the aforesaid case along with two other cases giving individual information. This letter of the Central Government is Annexure -2. Thereafter prayer of the petitioners were rejected initially by the Central Government and they were asked to supply more proof in support of their case. In compliance of the said direction the petitioners supplied the documents, which were checked up by the High Level Committee of the State Government and being satisfied about the genuineness of the documents detailed information was sent to the Central Government and the same was accepted by it. The decision of the High Level Committee of the State Government dated 26.5.1989 is An -nexure -3. The petitioners were allowed to draw interim pension by the Central Government, but subsequently the same was suspended while asking the petitioners to show cause as to why grant of their pension be not cancelled and legal action be not taken against them, as papers supplied by them were incorrect and were not genuine. This letter of the Central Government is Annexure -4 series. The petitioners filed their show cause to the competent authority asserting, inter alia, that the Government in past took all efforts to verify the correctness of the judgment and the same was found to be correct by the High Level Committee. Thorough verification was made regarding genuineness of the judgment of Sessions Case No. 61/43 and the Registrar of the Bhagalpur civil court verified the fact that the certified copy of the judgment in question was correct one. Thereafter it appears that a central team was sent for making investigation with regard to the case in question and to verify the genuiness of the judgment in question. Even after filing of the show cause when no decision was taken by the Central Government, the petitioners moved this Court in CWJC No. 2959 of 1990 along with others, in which the petitioners were petitioners no. 9 and 7 respectively. Similarly other applicants moved this Court in several writs and those were disposed of on 17.7.90 and 24.7.90 with a direction to the Central Government to dispose of the representation of those petitioners. As the case of the petitioners were also similar, these two petitioners also sent their show cause as contained in Annexures 7 and 7/1 during pendency of their writ bearing CWJC No. 2959/90. The grievance of the petitioners is that after filing of their show cause neither any personal hearing was given to them, nor anything was considered, but without application of mind by impugned letters dated 18.8.92 to grant their pension was cancelled.

(3.) THE petitioners have countered the assertions made by respondents no. 1 and 2 and 4 by filing respective rejoinders and their main ground of attack is that when the High Level Committee of the Central Government was satisfied about the genuineness of the documents, their grant of pension could not have been cancelled merely on the investigation report of the C.B.I. They specifically pleaded before this Court for production of the report of the C.B.I. so that the correctness of the said report may be judged, because various agencies have verified the correctness of the documents submitted by the petitioners and there was no reason for disbelieving those documents merely on conjectures and surmises.