IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7339 of 2008 Most. Janki Devi, widow of Late Rajpal Singh, village Balaura, PS Banshi Karpi, Dist. Arwal – Petitioner. Vs 1) The Union of India through the Chief Secretary, Govt. of India, New Delhi. 2) Under Secretary, Govt. of India, Ministry of Home Affairs, Freedom Fighter Division, Lok Nayak Bhawan, Khan Market, New Delhi – 3. 3) The State of Bihar through the Under secretary, Freedom Fighter Division, Home Ministry, Old Secretariat, Partna. 4) Zonal Manager, Zonal Office, Punjab National Bank, R – Blocl, Patna. 5) The Branch Manager, Punjab National Bank, Turk Telpa, Arwal. 6) The District Magistrate, Arwal – Respondents. 4 8.11.2011 Heard learned counsel for the petitioner, counsel for the State, counsel for the Union of India and the counsel representing Punjab National Bank. The petitioner is aggrieved by the fact that on the basis of a private complaint the family pension of the petitioner has been stopped on the ground that the petitioner is dead. The petitioner’s husband was receiving pension under the Freedom Fighters’ Samman Pension Scheme. The petitioner applied for family pension to the District Magistrate, Arwal. The District Magistrate allowed the application and directed the Punjab National Bank to pay family pension to the petitioner vide annexure 8 to the writ petition. As stated earlier the pension was stopped vide Annexure 9. Subsequent to that the District Magistrate has issued a residential certificate vide Annexure 10 in favour of the petitioner on the basis of the report submitted by the Subdivisional Officer, Arwal. Counsel for the petitioner submits that on a frivolous allegation, without enquiring into the matter or issuing notice to 2 the petitioner to ascertain whether she is alive or dead, an order was issued by the District Magistrate to the Punjab National Bank to stop payment vide Annexure 9. The District Magistrate ought to have enquired into the matter through the Circle Office / Officer Incharge of the concerned P.S. before stopping the pension of the petitioner. I, thus, quash the order contained in Annexure 9 and direct the petitioner to appear before the District Magistrate who may thereafter make any enquiry if he is dissatisfied on the appearance of the petitioner and pass an order within three months from the date of receipt of a copy of this order either affirming the family pension or rejecting it as the case may be. It goes without saying that if the petitioner is found genuine person, then the bank may take appropriate action in this regard. The petitioner is directed to produce a copy of this order within six weeks. This writ petition is, thus, allowed. haque ( Sheema Ali Khan, J .)