IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.978 of 2009 CHAMPA LAL SON OF LATE SARYU PRASAD, RESIDENT OF VILLAGE / MOHALLA- GAJADHARGANJ, P.S. BUXER, DISTT. BHOJPUR (BUXAR)…………………………… APPELLANT Versus 1.THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, GRIH MANTRALAYA, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI. 2. THE UNDER SECRETARY, GOVT. OF INDIA, HOME AFFAIRS, GRIH MANTRALAYA LOK NAYAK BHAWAN, KHAN MARKET,NEW DELHI 3. THE STATE OF BIHAR THROUGH THE DIRECTOR-CUM- SECRETARY, HOME AFFAIRS ( SPECIAL ), GOVT. OF BIHAR PATNA 4. THE UNDER SECRETARY,THE STATE OF BIHAR,HOME (SPECIAL), PATNA. 5. THE DISTRICT MAGISTRATE, BHOJPUR,DISTT- BHOJPUR 6. THE SENIOR ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNT OFFICE , MINISTRY OF FINANCE, GOVT. OF INDIA, NEW DELHI, TRIKOOT IIND, BHIKAJI CAMA PLACE (BEHIND HYATT REGENCE), NEW DELHI-110011. 7. THE PAY AND ACCOUNT OFFICE ( PENSION & MISCE.) GOVT. OF INDIA, MINISTRY HOME AFFAIRS 2/10 JAM NAGAR HOUSE, NEW DELHI-110011. 8. THE CHIEF OFFICE, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS 2/10, JAM NAGAR HOUSE, NEW DELHI-110011. ……………………………………… RESPONDENTS. ----------- FOR THE APPELLANT:- MR. SHYAMA PD. MUKHERJEE, SR. ADVOCATE MR. SATISH KR. GRAWAL, ADVOCATE FOR THE UNION OF INDIA ;- MR. GOPESH KR., C.G.C. FOR THE STATE :- MR. PIYUSH LALL, AC TO AAG- III. -------------- 4 22-2-2010 Heard learned counsel for the appellant, learned counsel for the State and learned counsel appearing for the Union of India. The appellant was granted Freedom Fighter pension under the relevant scheme with effect from 1-8-1980. Consequent to certain 2 direction and observation in a writ petition, the authorities scrutinized the cases of all beneficiaries under the Freedom Fighter Scheme in Bihar and a show cause notice dated 4-10-2004 was issued to the appellant( writ petitioner) as to why his pension should not be cancelled on the ground that in the certificate of co-prisoner it was not clearly mentioned as to in which Jail the appellant was lodged together with the certificate granter, Thakur Yadunandan Singh. Consequent to such a notice the payment of pension granted to the petitioner was cancelled by order dated 1-8-2005. It was challenged through C.W.J.C.No. 11706 of 2005 but the writ petition was dismissed by order under appeal dated 3-2-2009. On hearing the parties we find that the appellant had furnished the required certificate to show that the relevant jail records were no longer available and in that view of the matter the authority accepted that a co-prisoner is competent to grant such a certificate for the purpose of the Freedom Fighter Scheme. Subsequently, in course of scrutiny the only defect found in such certificate is alleged omission that the certificate does not specify in which jail the appellant was lodged whereas the certificate granter was lodged in camp jail at Patna. On a perusal of the certificate granted by the co-prisoner a copy whereof has been appended as annexure-4 to this L.P.A., we find that the certificate has been granted by filling up a format and at many places various options have not been deleted. As per format the names of three jails namely Muzaffarpur Jail, Camp Jail Patna and Bhagalpur jail have been indicated but in the second paragraph after mentioning 3 the period of custody of the certificate gramter, Thakur Yadunandan Singh there is clear mention that for the said period he was in Camp Jail at Patna. Thereafter in the following paragraphs the names and particulars of the appellant have been clearly mentioned and it has been certified that for participating in 1942 movement the appellant had been kept as a prisoner in the same jail along with the certificate granter for a period of seven months, the details whereof is mentioned in the certificate. From the discussions made above, particularly, in relation to the certificate contained in annexure-4 it is absolutely clear that the certificate granter has mentioned that he was in camp jail at Patna and this fact is admitted by the authorities in the show cause notice. The certificate further mentions that the appellant was in the same jail for a period of seven months for participating in 1942 movement. Hence, we are in agreement with the submissions advanced on behalf of the appellant that the authorities have cancelled the Freedom Fighters’ pension of the appellant on highly technical view adopted in respect of the certificate of the co-prisoner. Learned counsel for the appellant has rightly placed reliance upon paragraph-6 of the judgment of the Apex Court in the case of Gurdial Singh Vrs. The Union of India reported in (2001) 8 SCC-8 which contains a clarification that in appreciating the scheme for Freedom Figher “ a rational and not a technical approach is required to be adopted”. In view of aforesaid discussions and findings, the appeal is allowed. The judgment and order under appeal is set aside and the 4 impugned order dated 1-8-2005 cancelling the Freedom Fighter pension granted to the petitioner is quashed. The writ petition shall stand allowed to the aforesaid extent. The dues of the Freedom Fighter’s pension must be paid along with regular payment without any delay, preferably within a period of three months. ( Shiva Kirti Singh,J) ( C.M. Prasad, J) Naresh