- (1.)In the case in hand, the Court is required to adjudicate upon the issue whether Freedom Fighter pension had been undeservingly extended to respondent No.1 inspite of the fact that he did not participate in freedom struggle as he was a child of 7 to 8 years in the year 1942.
(2.)Initially, original respondent No.1's case for granting such pension was declined by the appellant vide letter dated 19.06.1995. However, original respondent No.1 was successful in getting released pension on second attempt and it was ordered to be released on 26.12.1997 with retrospective effect from 28.07.1981.
(3.)The matter did not set at rest at that. The High Court at Patna directed suo motu inquiry in the rampant complaints that large persons in the State of Bihar were availing such benefits inspite of not having participated in freedom struggle as contemplated under the Swatantrata Sainik Samman Pension Scheme, 1980 (for short "the Scheme"). The Deputy Collector conducted inquiry into the matter and recorded evidence. He found that claim of the deceased respondent No.1 was not genuine. On that basis, the Union of India issued show-cause notice and thereafter took decision on 19.05.2004 to cancel pension with effect from the date it was initially sanctioned, i.e. 28.07.1981 and the amount of pension already drawn by him be recovered.