RAMA SHANKAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE heard the counsel for the parties.

(2.) BADRI Narain Roy (since deceased) and now represented by his legal heirs, was granted provisional freedom fighter pension in 1974 with effect from the year 1972 until 1977. Later on, an enquiry was held about the genuineness of his being freedom fighter and after the report was received from the enquiring authority that he was not freedom fighter, by an order dated 24th March, 1999, the provisional order of freedom fighter pension was cancelled and it was ordered that the amount paid to him towards provisional freedom fighter pension be recovered. He challenged the order dated 24th March, 1999 by filing a writ petition before this Court. He also sought issuance of a writ of mandamus directing the Kameshwar Prasad Sharma,Ranjit Singh Versus Maya Devi,State Of Bihar respondents to continue payment of freedom fighter pension to him in terms of the letter dated 8th May, 1974. During the pendency of the writ petition, the original petitioner died and his legal representatives were brought on record.

(3.) THE counsel for the appellants strenuously urged that the enquiry report suffered from illegality and there was no justification by the enquiry officer to hold that the certificates issued by Raja Ram Arya ( a co -prisoner) were forged and fabricated. He submitted that the learned Single Judge as well as the enquiring authority failed to consider the legal proposition laid down by the Supreme Court in the case of Gurdial Singh V/s. Union of India and ors. 2002 (1) PLJR (SC) 230. The counsel would submit that the perception and conception of law of the enquiring authority as well the Single Judge with regard to grant of freedom fighter pension was erroneous being not in conformity with the law laid down by the Supreme Court in the case of Gurdial Singh.