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