IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2105 of 2004 SIDH NATH LAL Versus THE UNION OF INDIA & ORS ----------- 2 23.01.2009 Heard counsel for the petitioner and counsel for the Union of India and State of Bihar. In the opinion of this Court, the impugned order rejecting the claim of payment of pension under the Freedom Fighter Pension Scheme to the petitioner does not suffer from any error. The authorities have applied themselves to the specific facts of the case of the petitioner and have found that his case and claim based on a criminal prosecution being G.R. No. 164 of 1942 T.R.No.89/1942 was not fit to be acted upon inasmuch as 232 persons are said to have assembled from different districts at one place in course of committing the alleged offence. This aspect of the matter therefore was considered by the State Advisory Committee in the meeting held on 9.10.1991 while considering the case of one Raghubir Sahay, who is also said to be an accused of the same case and the State Advisory Committee had not only refused the recommended case of the Raghubir Sahay but also rejected the very basis i.e. the aforesaid criminal case by taking a decision that this document being a wholly - 2 - unreliable document was not fit to be acted upon for recommending case of any person for grant of pension to the Freedom Fighters. The matter relating to the petitioner, when it was taken up the authorities, they again had applied themselves and the letter of the Home Secretary dated 18th January, 2003(Annexure-B) to the counter affidavit is itself an evidence to the fact that all possible aspects of the case of the petitioner was duly considered whereupon it was found that the petitioner was not entitled for grant of such freedom fighter pension. This Court therefore, would find no error in the decision making process rejecting the case of the petitioner for grant of freedom fighter pension. Accordingly, this writ application is wholly misconceived must be and is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)