IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16602 of 2009 1. SHYAM SUNDAR SINGH S/O LATE RAM AUTAR SINGH R/O VILL.- BADAUNA, NARSANDA, P.S.- CHANDI IN THE DISTRICT OF NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY (HOME) GOVERNMENT OF BIHAR, PATNA 3. SRI SANJAY KUMAR AGRAWAL S/O (PRESENTLY NOT KNOWN TO THE PETITIONER) DISTRICT MAGISTRATE, NALANDA 4. THE BRANCH MANAGER CENTRAL BANK OF INDIA, HARNAUT, NALANDA 5. THE TREASURY OFFICER NALANDA AT BIHARSHARIF 6. THE SUB-DIVISIONAL OFFICER HILSA, NALANDA 7. THE DEPUTY TREASURY OFFICER HILSA, NALANDA ----------- For the Petitioner:- Mr. Dinu Kumar, Adv. Mr. Arvind Kumar Sharma, Adv. For the Union of India:- Mr. Gopesh Kumar, C.G.C. For the State:- J.C. to S.C.-10 ------------- 2. 6.12.2010 At the outset learned counsel for the petitioner submits that he does not seriously press the writ petition in personal capacity against the District Magistrate but only against the office concerned. The petitioner is aggrieved by the order dated 30.9.2009 passed by the District Magistrate, Nalanda stopping payment of his Freedom Fighter Pension vide P.P.O. No. 31188. Learned counsel for the petitioner submits that the order suffers from complete non application of mind and the proceedings have been initiated at the behest of a busy body. The petitioner was sanctioned Freedom Fighter Pension in 1998 after due enquiry 2 and continued to receive the same till issuance of the impugned order. It is further pointed out that the allegations and enquiry as discussed in the impugned order appears to be related to Pension Payment Order No. 31188. Learned counsel for the petitioner refers to the pleadings in Paragraph-10 of the writ application to submit that the pension payment order number of the petitioner is MHAFF-9804703. He has nothing to do with Pension Payment Order No. 31188. Unfortunately, the petitioner has not annexed his original Pension Payment Order to the writ petition to enable the Court to satisfy itself what is the correct Pension Payment Order number. If the impugned order dated 30.9.2009 refers to another Pension Payment Order then that of the petitioner, it may have a vital bearing on the impugned order. Let the petitioner appear before the District Magistrate along with his original Pension Payment Order number. The District Magistrate shall verify the correct Pension Payment Order number of the petitioner. If it is not 31188, the impugned order dated 30.9.2009 obviously cannot be an impediment or justification for withholding of the Freedom Fighter Pension Payment of the petitioner. 3 If the Pension Payment Order of the petitioner is 31188, in view of the statement made in Paragraph-7 of the counter affidavit of the Union of India that it had already sought details from the District Magistrate, Nalanda, the writ petition shall stand disposed in the aforesaid terms of the statement made by the Union of India when the enquiry is expected to be concluded expeditiously. The writ application stands disposed with the aforesaid directions. P. Kumar ( Navin Sinha, J.)