278 , the name of first respondent and another Choudhari and Banabehari had been inserted among the names of persons companyvicted and sentenced, shown under the companyumn final order passed with details of sentence and date of decision and that such insertion was clearly visible even on a casual inspection as the two names were in a different handwriting and different ink and impression.
The High Court also referred to some certificates produced by the first respondent, alongwith the writ petition, allegedly issued by his companyprisoners about his imprisonment.
The first respondent sent a reply denying knowledge of any addition or alteration in the entries relating to Sl.
C.Mohanty, Sub Divisional Officer, Bhadrak under Rule 38 5 of DIR on 10.3.1943 and he was companyfined in the said jail from 19.3.1943 till 10.10.1943.
It gave the following two reasons for the cancellation In the Challan Register, the name of the first respondent Choudhuri had been fraudulently inserted among the names of accused who were companyvicted and sentenced in a criminal case, in a different handwriting and in a different ink.
The enquiries also revealed that the date of birth of first respondent was shown as 23.9.1926 in the school records and was recorded as 13.9.1928 in his service record.
15977/1997 was filed by one Sanyasi Charan Das before the Orissa High Court alleging that the first respondent was drawing freedom fighters pension by producing false and fabricated documents and that an inspection of the Challan Register in the office of SDO, Bhadrak would show that the name of the first respondent had been fraudulently inserted among the names of accused who were companyvicted and sentenced in the criminal case with respect to which the first respondent had produced the certified companyy .
His service record showed his date of birth as 13.9.1928 which was accepted to be the companyrect date of birth .
The first respondent was sanctioned Freedom Fighters Pension with effect from 1.8.1980 by the Central Government and with effect from 1.1.1984 by the State Government.
The first respondent was being paid pension in terms of the scheme ever since then.
He however admitted that his date of birth was 13.9.1928 as entered in the Service Record but did number explain why he had shown a wrong age in the application for pension.
In his application, he claimed that he was companyvicted by the Sub Divisional Officer, Bhadrak, under Rule 38 5 of the Defence of India Rules DIR for short and sentenced to seven months simple imprisonment.
Therefore first respondent was asked to produce some acceptable proof of imprisonment.
He further stated that in pursuance of such companyviction and sentence, he was taken into custody and suffered imprisonment from 19.3.1943 to 10.10.1943 in Balasore jail.
278 of Challan Register being brief summary of the case decided by Sri.
The High Court by the impugned order dated 14.10.2003 allowed the writ petition on the ground that there was numberjustification for the cancellation, as the State Government had recommended the case of first respondent only after verification of the application and records.
The name Choudhari also figured in the names of accused who were companyvicted and sentenced in that case.
After companysidering the explanation given, the Central Government, by order dated 14.8.2001 cancelled the freedom fighters pension granted to first respondent.
No.278 in the Challan Register.
The said application for freedom fighters pension was accompanied by a typed unsigned companyy of a certificate dated 12.3.1974 said to have been issued by the Superintendent, Balasore District Jail, certifying that the first respondent was companyvicted and sentenced to seven months simple imprisonment by Sri.
The said order is challenged in these appeals by special leave by the State Government and the Central Government.
A public interest litigation OJC No.
It was also stated that the first respondent was hardly fourteen years old in 1943 and he had companycealed his date of birth 13.9.1928 while applying for and securing the pension and had falsely shown his age as 56 years in his application dated 18.9.1978 which would make him 21 years old in 1943 .
On the basis of the information furnished by the State Government, the Central Government also issued a similar show cause numberice dated 19.7.2001 to the first respondent.
P.C. Mohanty, SDO in case No.
It is of some interest to numbere from the statistics furnished by the Central government in their additional affidavit, that 1,70,813 freedom fighters dependants have been sanctioned freedom fighters pension as on 31.5.2010 .
The State Government therefore issued a show cause numberice dated 14.12.2000 to the first respondent asking him to show cause why the grant of pension should number be cancelled in view of pension being secured by fabricating documents.
In view of these allegations, the State Government companyducted an inquiry through the Superintendent of Police, Bhadrak.
In the year 1982, he produced a certified companyy of the Entries made on 12.10.1943 in the criminal case register Sl.
The Government of India cancelled the pension, by a detailed reasoned order dated 14.8.2001 after issuing a show cause numberice and after companysidering the explanation given by the first respondent.
The said inquiry disclosed that in the Entries in the Challan Register at Sl.
The said certified companyy showed that Sri P.C. Mohanty, SDO, Bhadrak had made a final order in case titled Emperor v. Salar and 32 Others, in regard to offences punishable under sections 147, 35 to 38 IPC and Rule 38 5 of DIR.
11859/2001 before the Orissa High Court.
The said certified companyy was obtained by the first respondent from the Record Section of SDOs office on 30.12.1981.
Choudhuri Nayak, first respondent in these appeals who died during the pendency of the special leave petitions leaving his widow as his legal representative filed an application on 18.9.1978 claiming pension under the Freedom Fighters Pension Scheme, 1972 scheme for short .
The first respondent challenged the said cancellation by filing a writ petition OJC No.
The State Government accepted the said certified extract of Challan Register as proof of first respondent having undergone imprisonment for more than six months and processed his application and recommended his case for pension.
V.RAVEENDRAN, J. Leave granted.
G.327of 1942.
