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