ABDUL GHAFFAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD parties.

(2.) THIS writ petition has been filed for quashing of the order of the Deputy Secretary%(respondent no.3) Ministry of Home, Government of India, Freedom Fighter Section, Lok Nayak Bhawan, New Delhi, as contained in Annexure -1, whereby petitioner 's claim for grant of freedom fighter pension was rejected.

(3.) PETITIONER thereafter filed another writ application bearing CWJC No. 378 of 1996 which was permitted to be withdrawn with liberty to the petitioner to move the concerned authority of the Central Government to satisfy that certificate of Abdul Hamid was genuine. It was further observed that in case the authorities are satisfied that the petitioner had fulfilled all the requirements as per the provisions of the scheme, they can take fresh decision. Undisputedly, after disposal of the said petition, the matter was disposed of afresh by the impugned order holding that the claim of the petitioner of absconder from 2.9.1942 to 8.3.1943 was doubtful. The order further says that the claim of the petitioner is full of contradictions. In the application, he had mentioned that in Mahnar P.S.Case No. 2 (9) 42, he had remained underground from 2.9.1942 to 8.5.1943 and subsequently released on bail. According to the respondents, if the case of the petitioner is accepted that he remained underground from 2.9.1942 to 8.3.1943, how he was bailed out when he was not arrested. Secondly, no document was shown when the criminal case was actually disposed of. Therefore, noticing such contradictions, the respondents found the case of the petitioner doubtful.