Amir Singh Deceased Thr His Lr v. R L Meena And ANR

COCP 3661/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 3661/2017 Date of decision:28.02.2018.

Amir Singh(decesaed) through his LR ..............Petitioner v.

Sh.R.L.Meena,Under Secretary,GOI and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Gurnam Singh,Advocate for the petitioner Jaswant Singh,J,(Oral).

Amir Singh, since deceased, had filed CWP 1045/2008 challenging the withdrawal of the Freedom Fighter Pension and its recovery vide order dated 20.11.2007 passed by Union of India. The basis for such withdrawal was that the Government of Punjab had never certified and given any positive recommendation regarding his participation in the National Freedom Movement. The said writ petition was disposed of vide order dated 30.3.2009 with a direction to the State of Punjab to consider his case again and, if required, give positive recommendations within three months from the date of receipt of such order. Thereafter, Union of India on such recommendations, if any, was required to grant Freedom Fighter Pension within next three months.

Said Amir Singh is stated to have died on 3.11.2012. Now his legal representative has filed instant contempt stating that the directions contained in the order dated 30.3.2009 have been violated.

Rajinder Parshad Joshi 2018.03.01 11:17 I attest to the accuracy and integrity of this document

COCP 3661/2017 After hearing counsel for the petitioner, no ground for invoking contempt jurisdiction is made out in the light of (i) bar under Section 20 of the Contempt of Courts Act; and (ii) the fact that said Amir Singh,during his lifetime never espoused his own cause.

Dismissed.

28.02.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.03.01 11:17 I attest to the accuracy and integrity of this document