T.P.S. Mann, J. - (1.) THE petitioner has prayed for quashing show cause notice dated 26.3.1990 (Annexure P.6) issued by respondent No. 1 requiring him to show as to why the provisional pension granted to him earlier be not cancelled and also for recovering the amount of provisional pension that has been received by him. He has also sought quashing of order dated 1.7.2005 (Annexure P. 16) passed by respondent No. 1 intimating him that his suspended pension cannot be revoked.
(2.) THE case of the petitioner is that he had undergone imprisonment from 14.2.1941 to 13.8.1942 in Central Jail, Lahore on account of taking part in Quit India Movement/Individual Satyagaraha. The petitioner applied for Swatantarta Sainik Samman Pension, as he was eligible under the Scheme started in 1980. However, he could not obtain necessary proof of his incarceration in jail. Instead, as permitted by respondent No. 1, he obtained certificates from Inder Singh and Bahal Singh, who had already been granted pension and, thus, treated as eligible certifiers by the Government of India. Both of them vouch safed the fact that the petitioner also remained in Jail with them during the freedom movement. The application of the petitioner was recommended by Deputy Commissioner, Patiala, who felt satisfied about the genuineness of the petitioner as a freedom fighter. The State Government thereafter forwarded the case of the petitioner to Central Government. Ultimately, on 9.9.1988, respondent No. 1 sanctioned the grant of pension to the petitioner and respondent No. 3 was directed to release the pension along with arrears to the petitioner with effect from 1.8.1980. The pension so granted was for life time of the petitioner. However, he received order dated 26.3.1990 passed by respondent No. 1 informing him that his freedom fighter pension was being suspended on the ground that he was not a bonafide freedom fighter, as he never went to Jail or remained under ground against warrant of arrest in connection with freedom struggle. He was, therefore, asked to show cause against the proposed action of cancelling the pension and the recovery of pension amount already received by him.
(3.) THE petitioner replied to the show cause notice tendering his affidavit stating therein that he was a bonafide freedom fighter, as he had suffered imprisonment in Central Jail, Lahore on account of taking part in the freedom struggle for the country. When no response was received by him from the Government of India, he filed a writ petition, which was disposed of by this Court with a direction to the respondents to take a final decision on his reply to the show cause notice. The petitioner again sent his reply to the earlier show cause notice and along with the same sent his affidavit once again. In the meantime, the petitioner also filed C.W.P. No. 13273 of 1993 seeking directions for restoring the freedom fighter pension to him. The same came to be finally decided on 14.10.1999 when this Court disposed of the same by directing Union of India to reappraise the evidence and arrive at a proper conclusion in regard to the entitlement of the petitioner by taking into consideration the decision rendered in case Bhagwan Singh v. Union of India C.W.P. No. 12554 of 1993 decided on 22.3.1994. Instead of deciding to restore the pension, respondent No. 1 again issued a show cause notice to him on 13.2.2001 asking him to reply within a period of 21 days. It was stated therein that the petitioner had made contradictory statements while submitting his application for the grant of freedom fighter pension. The petitioner once again submitted his reply on 27.2.2001. As the respondent -Authorities failed to follow the directions issued on 14.10.1999 by this Court while disposing of his writ petition, the petitioner filed a petition under the Contempt of Courts Act. In response thereto, the respondents filed their written statement along with which they annexed a copy of order dated 1.7.2005 vide which the case of the petitioner for the grant of freedom fighter pension stood rejected.;