RAM PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Indu Bhushan Prasad, counsel appearing for the petitioner.

(2.) THE petitioner somehow got pension sanctioned for himself under the Swatantra Sainani Samman Scheme and he received the pension for a number of years. By letter, dated 18.1.2002 (Annexure -5) issued by the Under Secretary to the Govt. of India, he was intimated that his pension was suspended and he was further asked to show cause why the pension granted to him may not be cancelled. From the letter, it appears that the petitioner was one of the 27 persons in respect of whom the State Government informed the Central Government that it had never approved or forwarded their claim for pension to the competent authority in the Central Government.

(3.) AT that stage, the petitioner filed a writ petition being CWJC No. 3344 of 2002; the petitioner in that case was given the high sounding name of "All India Freedom Fighters Dependents Welfare Association. That writ petition, filed professedly in public interest, was listed before a division bench of this Court which was already monitoring the matter of grant of freedom fighters pension to fake and undeserving persons. By order, dated 4.4.2002, the division bench found that there was no public interest involved in that writ petition and it was filed "chasing an individual or individual cases". The order went on to observe as follows : "............Today whether it is the Union of India or the State of Bihar both acknowledge that there have been several cases in which it has been found that pensions were received by the persons who are not entitled to it or on the basis of forged documents." "In the circumstances, the inquiry which has been undertaken by the two Governments cannot stop. If this be the purpose of this petition, then the court cannot injunct the Union of India or the State of Bihar not to inquire matters when admittedly there have been irregularities in grant of political pensions. If any person is receiving an irregular pension it is being paid out of public funds. The inquiry will go on."