IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16602 of 2009
1. SHYAM SUNDAR SINGH S/O LATE RAM AUTAR SINGH R/O
VILL.- BADAUNA, NARSANDA, P.S.- CHANDI IN THE DISTRICT OF
NALANDA
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY
GOVERNMENT OF BIHAR, PATNA
2. THE PRINCIPAL SECRETARY (HOME) GOVERNMENT OF
BIHAR, PATNA
3. SRI SANJAY KUMAR AGRAWAL S/O (PRESENTLY NOT KNOWN
TO THE PETITIONER) DISTRICT MAGISTRATE, NALANDA
4. THE BRANCH MANAGER CENTRAL BANK OF INDIA, HARNAUT,
NALANDA
5. THE TREASURY OFFICER NALANDA AT BIHARSHARIF
6. THE SUB-DIVISIONAL OFFICER HILSA, NALANDA
7. THE DEPUTY TREASURY OFFICER HILSA, NALANDA
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For the Petitioner:- Mr. Dinu Kumar, Adv.
Mr. Arvind Kumar Sharma, Adv.
For the Union of India:- Mr. Gopesh Kumar, C.G.C.
For the State:- J.C. to S.C.-10
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2. 6.12.2010 At the outset learned counsel for the
petitioner submits that he does not seriously press the
writ petition in personal capacity against the District
Magistrate but only against the office concerned.
The petitioner is aggrieved by the order
dated 30.9.2009 passed by the District Magistrate,
Nalanda stopping payment of his Freedom Fighter
Pension vide P.P.O. No. 31188.
Learned counsel for the petitioner submits
that the order suffers from complete non application of
mind and the proceedings have been initiated at the
behest of a busy body. The petitioner was sanctioned
Freedom Fighter Pension in 1998 after due enquiry
2
and continued to receive the same till issuance of the
impugned order. It is further pointed out that the
allegations and enquiry as discussed in the impugned
order appears to be related to Pension Payment Order
No. 31188.
Learned counsel for the petitioner refers to
the pleadings in Paragraph-10 of the writ application
to submit that the pension payment order number of
the petitioner is MHAFF-9804703. He has nothing to
do with Pension Payment Order No. 31188.
Unfortunately, the petitioner has not
annexed his original Pension Payment Order to the
writ petition to enable the Court to satisfy itself what
is the correct Pension Payment Order number. If the
impugned order dated 30.9.2009 refers to another
Pension Payment Order then that of the petitioner, it
may have a vital bearing on the impugned order.
Let the petitioner appear before the District
Magistrate along with his original Pension Payment
Order number. The District Magistrate shall verify the
correct Pension Payment Order number of the
petitioner. If it is not 31188, the impugned order
dated 30.9.2009 obviously cannot be an impediment
or justification for withholding of the Freedom Fighter
Pension Payment of the petitioner.
3
If the Pension Payment Order of the
petitioner is 31188, in view of the statement made in
Paragraph-7 of the counter affidavit of the Union of
India that it had already sought details from the
District Magistrate, Nalanda, the writ petition shall
stand disposed in the aforesaid terms of the statement
made by the Union of India when the enquiry is
expected to be concluded expeditiously.
The writ application stands disposed with
the aforesaid directions.
P. Kumar ( Navin Sinha, J.)