IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 4433 of 2010 1. RAM SAWROOP SINGH @ CHATURI MAHTO S/O LATE SANT VILASH SINGH R/O VILLAGE- DAULATPUR, P.O - NAYA MOHAMMADPUR, P.S- KOILWAR, DISTRICT - BHOJPUR (ARA) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HOME AFFAIRS (FRIH MANTRALAYA), NEW DELHI 2. THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS (FRIH MANTRALAYA), NEW DELHI 3. THE SPECIAL SECRETARY TO THE GOVERNMENT OF BIHAR, HOME (SPECIAL DEPARTMENT) BIHAR, PATNA. 4. THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF BIHAR, HOME (SPECIAL DEPARTMENT) BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE BHOJPUR (ARA) 6. THE DIRECTOR CUM DEPUTY SECRETARY HOME SPECIAL DEPARTMENT (DIRECTORATE OF FREEDOM FIGHTER),RUKANPURA, PATNA-14 ----------- 2 20.04.2010 The petitioner claims to be a freedom fighter entitled to Freedom Fighters’ Pension on the ground that he had participated in the Quit India Movement of 1942 and has been imprisoned. After due enquiry and deliberation, in the year 1976, he was granted freedom fighters’ pension. It continued to be paid till 1989. In 1989, a person, who was having serious litigations with the petitioner and had lost, made a complaint to the Government that the petitioner had made wrong claims. State Government, accordingly, recommended for cancellation of the pension so being granted to the petitioner which recommendation was accepted by the Central Government. As the allegation was on wrongful obtaining the benefits based on a wrongful claim, petitioner was prosecuted. After full trial, the petitioner was honourably acquitted clearly holding that the charge of false claim or wrong claim could not at all be established. This was by virtue of judgment dated 08.02.2008 by Judicial Magistrate, 01st Class, Bhojpur in Trial No 75 of 2005-2008 arising out of G R Case No 784 of 1991. Thus, after a full-fledged 2 hearing it having found that the claim of the petitioner was not false or wrong, the petitioner moved the State Government for restoration of his pension and for last two years, the matter is pending. Petitioner states that he is over 86 years old and sick and infirm. He does not know whether he can ever get benefits restored in his lifetime even after his acquittal. Having considered the matter, I direct the respondents that are Union of India and the State of Bihar to reconsider the matter in light of the facts stated above and pass appropriate orders in accordance with law at the earliest not later than three months positively from the date of application. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)