LAWS(PAT)-2017-5-138

RAM DUTT YADAV Vs. STATE OF BIHAR

Decided On May 03, 2017
Ram Dutt Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Seeking exception to an order dated 14.07.2015 passed by the Writ Court in CWJC No.7136 of 2004 dismissing a writ petition filed by the petitioner in the matter of cancelling the Freedom Fighter Samman Pension (for short, "the pension") granted to the petitioner, this appeal has been filed under Clause X of the Letters Patent.

(2.) It is the case of the petitioner that he had participated in the Freedom Fighting Movement in the year 1942 and based on an application submitted by him and after due enquiry he was awarded the benefit of Pension under the Scheme formulated by the Government of India. During the 50th Anniversary of India's Independence, he was granted pension and subsequently on the basis of a direction issued by a Division Bench of this Court in a public interest writ petition, vide order dated 13th October, 2003 when the benefit of pension granted was cancelled, he filed the writ petition.

(3.) It is seen from the records that in the matter of grant of pension in question, suo motu proceedings were initiated by the Patna High Court in CWJC No.10638 of 2001 and on an order was passed in the aforesaid case, wherein a direction was issued to cause an enquiry by the respective District Magistrates with regard to grant of pension to 56 persons, enquiry was conducted into the matter and a report was submitted by the District Magistrate on 12.02.2002 recommending the cancellation of pension of various persons, including the present petitioner. Based on the aforesaid, a show cause notice dated 07.03.2002 was issued to the petitioner and thereafter, when the benefit was withdrawn and cancelled on 13.10.2003, the writ petition was filed.