IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.222 of 2003 RAMESH OJHA Versus THE UNION OF INDIA & ORS ----------- For the petitioner: Mr. Indu Bhushan Prasad, Advocate Mr. Dhananjay Mishra, Advocate For Union of India: Mr. S.N. Pathak, SCCG For the State: Mr. Chhote Lal Narain Singh, S.C.I --- . 5. 6.4.2010 Heard learned counsel for the petitioner and learned Standing Counsel, Central Government. The petitioner seeks quashing of the communiqué dated 18.1.2002 (Annexure-5) as well as the communiqué dated 4.3.2002 (Annexure-7), by the earlier of which the freedom fighter pension was suspended and by the subsequent order the same has been cancelled and recovery of pension has been ordered. Learned counsel for the petitioner submits that the cases of 27 freedom fighters, which were found to be similarly situated, were recommended by the State Government for cancellation of freedom fighter pension to the Central Government and thereafter on issue of show cause to them including the petitioner similar impugned orders have been passed in all the cases. It is further submitted that two persons out of twenty seven persons, namely, Sakal Deo Sharma and Jadunandan - 2 - Prasad Gupta had approached this Court by filing C.W.J.C. No.7048 of 2002 and C.W.J.C. No.1055 of 2003. Both the writ petitions were disposed of by separate orders dated 30.1.2009 in similar terms after quashing the impugned orders in their cases and the matters were remitted back to the competent authority of the Government of India to pass a fresh order in keeping with the allegations made against the petitioner in the show cause notice as also the reply filed by the petitioner to such show cause notice. The said orders have been annexed to the reply to the counter affidavit. In view of the aforesaid facts and circumstances, the present writ petition is also disposed of in the same terms as the order dated 30.1.2009 passed in the case of Sakaldev Sharma. The impugned order dated 4.3.2002 cancelling the freedom fighter pension of the petitioner is quashed and the matter is remitted back to the competent authority of the Government of India to pass a fresh order in accordance with law as directed in Sakaldev Sharma’s case (supra) by this Court. Let a final decision be taken by the - 3 - competent authority of the Government of India within a period of six months from the date of receipt/production of a copy of this order. All other directions made in the aforesaid orders dated 30.1.2009 shall equally apply to the case of the present petitioner. VPS ( Ramesh Kumar Datta, J. )