CWP No.20247 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20247 of 2008 Date of Decision: 18.08.2010 **** Surjit Singh . . . . Petitioner VS. Union of India & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. AK Walia, Advocate for the petitioner Mr. Karminder Singh, Advocate for respondent No.1 Mr. H.S. Brar, Addl. AG Punjab for respondent No.2 None for respondent No.3 ***** SURYA KANT J. (ORAL) (1). The petitioner asserts himself to be a Freedom Fighter whose case for Swatantrata Sainik Samman pension was recommended by the State of Punjab to the Union of India and even necessary sanction for the grant of such pension to the petitioner was also issued. However, before the petitioner could be actually granted, some pension cases were referred to the Central Bureau of Investigation who, on investigation, detected CWP No.20247 of 2008.doc - 2 – fraudulent release of Swatantrata Sainik Samman Pension by the concerned Ministry. As a result thereto, the release of the petitioner’s pension has also been withheld. (2). The respondents in their reply/affidavit have also relied upon the CBI report on various irregularities/illegalities committed by the Officers in the Union of India while releasing the Freedom Fighters’ pension. (3). Suffice it to say that from the plea taken by the respondents, it is not possible to draw any inference that the documents relied upon by the petitioner to establish his claim as a ‘Freedom Fighter’ are also false forged or bogus. Similarly, no adverse finding by the CBI with reference to the petitioner’s case, if any, has been shown or pleaded. (4). In these circumstances, the writ petition is disposed of with a direction to the State of Punjab to hold a fresh fact- finding enquiry regarding the petitioner’s claim and if satisfied about the petitioner’s status as Freedom Fighter, to recommend his case to the Union of India for sanctioning of the Freedom Fighters’ Pension. CWP No.20247 of 2008.doc - 3 – (5). The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 18.08.2010 vishal shonkar