IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1327 of 2001 RAM NIHORA SINGH Versus THE GOVT. OF INDIA & ANR ----------- 3. 20.1.2009 Heard counsel for the petitioner. The challenge of the petitioner to an order of the Central Government dated 22.11.2000, as contained in Annexure 6, rejecting the claim of the petitioner for payment of pension under the Freedom Fighters Scheme in the opinion of this Court has been rightly rejected, inasmuch as it was the case of the petitioner that proof of his being a freedom fighter in form of an underground person was duly borne out by the evidence/assertion in the certificates of two of his accomplices, namely, Jadunandan Singh and Abdul Hamid. Such certificate of Jadunandan Singh and Abdul Hamid were initially referred in the report of the State Government favouring grant of pension to the petitioner but the Central Government on enquiry discovered that both these persons, namely, Jadunandan Singh and Abdul Hamid in the period of 19.8.1942 to 31.12.1944 during which the petitioner is said to be underground, were themselves in 2 Surendra/ judicial custody in jail and as such their certificate was not wroth any reliance. That being so, the Central Government had rejected the recommendation of the State Government by disbelieving the certificates granted by Jadunandan Singh and Abdul Hamid. In the opinion of this Court such clear appreciation of factual aspect by the Central Government by negating the recommendation of the State Government cannot be made subject matter of judicial review, inasmuch as whether a person qualifies or not in accordance with the Freedom Fighters Schemes is to be decided by the Central Government. The impugned order in fact gives cogent and good reasons for refusal for such payment of pension under the Freedom Fighters Scheme to the petitioner which cannot be re-appreciated by this Court in exercise of power under Article 226 of the Constitution of India. That being so, this application is wholly misconceived and is dismissed. (Mihir Kumar Jha,J.) 3