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1999 DIGILAW 937 (PAT)

Chandi Charan Ghosh v. Govt. of India

1999-09-15

SHIVA KIRTI SINGH

body1999
ORDER 1. Heard learned counsel appearing for the petitioner learned counsel appearing for the Union of India and also learned counsel for the State. 2. The grievance of the petitioner is that his application for grant of freedom fighters pension is pending with the authority of the State Government since 1980 and for reasons best known to them they have been delaying the matter for the last so many years for no fault of the petitioner. Admittedly the petitioner had submitted all the relevant papers to the authority of the State Government and according to the stand of the State Government they had sent those particulars of the petitioner to the authority of the Central Government in the year 1993 but it does not appear to be convincing because according to the learned counsel for the Central Government no papers with regard to the case of the petitioner was ever received by the authority of the Central Government as is evident from their stand in annexure-2 a letter dated 3rd, March, 1998. 3. This writ application was filed in July, 1998 and thereafter it appears that a letter dated 3.11.98 (Annexure-B) to the counter affidavit of respondent no.4 was issued by the concerned officials of the State Government again requesting the petitioner to submit his original documents in support of his claim. 4. On behalf of the petitioner it has been submitted that the entire action of the State official is malafide and his application has been kept pending without any meaningful purpose and the original records are being suppressed. Nothing more is with the petitioner now which can be furnished since he has already submitted his papers long back. 5. After going through the materials on record, I am of the view that the concerned authorities of the State Government have not acted fairly in this matter. Hence in facts of the case this application is finally disposed of so that further delay is not caused in taking a final decision in this matter. 5. After going through the materials on record, I am of the view that the concerned authorities of the State Government have not acted fairly in this matter. Hence in facts of the case this application is finally disposed of so that further delay is not caused in taking a final decision in this matter. The respondent no.4 or other concerned authorities of the State Government are directed to locate or recounstruct the concerned file of the petitioner within period of one month from the date of production/communication of this order and within the same time forward the same to the concerned official of the Central Government who in turn shall take a final decision in this matter within two months from the date of receipt of the documents from them. 6. With the aforesaid directions this application is disposed of.