Patna High CourtCWJC/14317/2013disposed

Punam Devi v. The Union Of India And ORS

2015-10-27Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14317 of 2013 ====================================================== Punam Devi ,Wife of Late Biranchi Singh @ Viranchi Singh, resident of Village- Pasraha, P.S. Pasraha (Gogri), P.O. Pasraha District Khagaria .... .... Petitioner

Versus

1. The Union of India through Chief Secretary, Ministry of Home Affairs (FFR Division CZ Section) Ist Floor, Lok Nayak Bhawan, Kahn Market, New Delhi - 3

2. The State of Bihar

3. Deputy Secretary and CPIO, Ministry of Home Affairs (FFR Division CZ Section) 1st Floor, Lok Nayak Bhawan, Khan Market, New Delhi 3

4. The Under Secretary to the Government of India, Ministry of Home Affaris/Grih Mantralaya, Lok Nayak Bhawan, Khan Market, New Delhi

5. The Special Secretary, Government of Bihar, Home (Special) Department, Bihar, Patna

6. The Accountant General, Bihar, Patna

7. The District Magistrate, Munger, Bihar

8. The District Magistrate, Khagaria, Bihar

9. The Treasury Officer, Khagaria, Bihar

10. The Treasury Officer, Munger, Bihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate : Mr. Umesh Prasad, Advocate For the Respondent/s : Mr. Dinbandhu Singh, G.P.9 For the Union : Mr. Anshuman Singh, CGC ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-10-2015 The original petitioner, namely, Biranchi Singh, was granted Swatantrata Sainik Samman Pension w.e.f. 01.08.1980. On the basis of discrepancies, the freedom fighter pension was stopped vide letter no. 1052 dated 14.09.2001 of the Collector, Khagaria.

The original petitioner filed his show-cause reply. The show-cause reply of the petitioner was examined by the

Patna High Court CWJC No.14317 of 2013 (4) dt.27-10-2015 2 / 2 District Magistrate belatedly and a report was submitted to the State Government only in the year 2013. In its report, the District Magistrate clarified that the record of the year 1942 is not available and as such it is difficult to make any further verification. On receipt of the report of the District Magistrate, the State Government vide letter no. 537 dated 10.09.2013 has sent the copy of report received from the District Magistrate along with the comment and recommendation to the Ministry of Home Affairs, Government of India for taking final decision in the matter. The copy of the letter has been annexed as Annexure-H to the counter affidavit.

The writ application is disposed of with a direction to Chief Secretary, Ministry of Home Affairs (FFR Division CZ Section) (respondent no.1) to take final decision in the matter within a period of three months from today, if not already taken. The respondent no.1 would also communicate its decision to the petitioner through registered post.

(Samarendra Pratap Singh, J.) Uday/- U