M.D.SATTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY both these Letters Patent Appeal the challenge is made against the order of the learned Single Judge dated 12.5.2006 and 19.6.2006 in C.W.J.C. Nos. 8835 of 2004 and C.W.J.C. No. 8900. of 2004, respectively, whereby, the petitions came to be dismissed.

(2.) The appellants, are the original writ petitioners who sought quashing of the proceedings of Miscellaneous Case No. 4 of 2003 -04 and Certificate Case No. 8 of 2003 -04 instituted in the office of Certificate Officer, Paliganj for the recovery of the amount of pension amounting to Rs. 1,68,786 / - and medical allowances of Rs. 16,301.60/ - and Rs. 2,06,346.32 paise, respectively, fraudulently received by the petitioners under the freedom Fighter 'sPension Scheme.

(3.) THE following aspects are unquestionable from the record: (1) That this Court in a suo motu petition being C.W.J.C. No. 10638 of 2001 in view of abuse and misuse of Freedom Fighter 'sPension Scheme had given directions pursuant to which inquiries were made and it came to light that so many person have fraudulently received pension and other facilities provided in the scheme concerned. (2) That the pension and other facilities under the Scheme are granted by the Central Government on the recommendation of the State Leval Advisory Committee that examines at the first instance the claims of individuals and verifies the documents submitted in support of the claim. (3) So far the petitioners cases are concerned and in cases of other persons, also, it came to light upon investigations and inquiries that they were getting freedom fighter 'spension and other facilities even though there were no records concerning them at the State Level. It was, also, noticed and detected that some of the letters purported to have been written by the State Level Advisory Committee were fake and forged. (4) Such facts were, also, brought to the notice of the Central Government upon which show cause notices came to be issued by the Central Government to the petitioners and on a review of the entire matter the Central Government cancelled the grant of freedom fighter 'spension to the petitioners and others who had committed frraud. (5) As a sequel to the on going proceedings, certificate proceedings came to be initiated for the recovery of the amount received by the petitioners fraudulently. Such siphoning Off public money by fraud was taken very seriously. (6) It was found by the authorities that the original writ petitioners managed to obtain much money from the public exchequer fraudulently though they were not eligible for it or entitled to it.