High Court Punjab-Haryana High Court

Bhagat Singh Bali vs Union Of India And Others on 17 October, 2008

Punjab-Haryana High Court
Bhagat Singh Bali vs Union Of India And Others on 17 October, 2008
Civil Writ Petition No.17479 of 2007                                            1


         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                                Date of Decision: 17.10.2008
Bhagat Singh Bali
                                                               ....Petitioner
                                       Versus

Union of India and others
                                                               ...Respondents

CORAM:        HON'BLE MR.JUSTICE HEMANT GUPTA
              HON'BLE MR.JUSTICE NAWAB SINGH

Present:- Mr.Rajeev Anand, Advocate for the petitioner.

              Mr.Rajiv Sharma, Additional Central Government
              Standing counsel for respondents No.1 and 2.

              Mr.Sandeep Moudgil, DAG, Punjab for respondent No.3.

1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


HEMANT GUPTA, J.

The petitioner claims a writ of certiorari for quashing the

order dated 23.6.2003 whereby the pension granted to the petitioner

under the Swatantrata Sainik Samman Pension Scheme, 1980 (for

short, “the Scheme”) was stopped. It is the case of the petitioner that

he is a freedom fighter and remained in Jail at Hazara from 5.8.1942

to 23.2.1943 and 23.2.1943 to 3.9.1943 at Central Jail, Lahore in

relation to freedom struggle and on that basis he was granted

pension under the Scheme.

In reply, it has been pointed out that 63 persons were

granted pension under the aforesaid Scheme but it was found that

such sanctions have been obtained fraudulently in connivance with

the officials of the Ministry of Home Affairs. The matter had been
Civil Writ Petition No.17479 of 2007 2

investigated by the C.B.I. and a charge sheet for the offences under

Sections 120-B, 420, 467, 468 and 471 IPC had been filed in the

Court of Chief Metropolitan Magistrate, Tees Hazari Courts, Delhi. It

is also pointed out by Mr.Sharma that no record in respect of grant of

permission under the Scheme is available in respect of the petitioner.

Even his application for grant of pension or the certificate in respect

of his custody is not available with the Central government.

Having heard learned counsel for the parties, we are of

the opinion that if the petitioner is able to establish his bona fide

custody in Jail at Hazara from 5.8.1942 to 23.2.1943 and 23.2.1943

to 3.9.1943 in Central Jail, Lahore in connection with freedom

struggle, then the respondents are duty bound to pay pension to the

petitioner in accordance with the Scheme.

Therefore, we dispose off the writ petition with liberty to

the petitioner to apply afresh for the pension under the aforesaid

Scheme by submitting complete documents. As and when the

petitioner apply for the pension, the same shall be considered by the

respondents expeditiously, preferably within a period of six months.





                                                (HEMANT GUPTA)
                                                     JUDGE



                                                  (NAWAB SINGH)
17.10.2008                                            JUDGE
AS