Most. Gulbadan Kunwar @ Gulbadana Devi v. Union Of India
2002-02-01
R.S.GARG
body2002
DigiLaw.ai
Judgment 1. The petitioner claiming to be the widow of Freedom Fighter has come to this Court making complaint that the Central Government/Union of India without hearing her or without issuing further notice to show cause has not only cancelled the pension earlier awarded in favour of her husband but further illegally directed recovery of the amount of pension paid in favour of the deceased husband of the petitioner. 2. The respondent Union of India in its counter has stated that the petitioners husband was sanctioned pension in accordance with Freedom Fighters Pension Scheme but after receiving a complaint from the State Government payment of the pension was suspended, a show cause notice was issued to the deceased on 18.5.80. In the Counter affidavit it is further said that after receiving vague reply of the petitioners husband the matter was sent to the State Government for their comment regarding authenticity of the Jail Certificate. The respondent furthers says that almost after 16 years the State Government vide their letter dated 25.10.96 sent the case of the petitioner for family pension on the basis of non-availability of the records of Certificate of Patna Jail and Coprisoner Certificates. The respondent says that on the earlier occasion the State Government required the Union of India to cancel the pension as in the opinion of the State Government, the certificate on which the strong reliance was placed was fake and forged but just later on contrary stand was taken by the State Government in favour of the deceased, therefore, the Union of India had taken a right decision of cancelling pension and directing the recovery of pension of the petitioner. 3. True it is that the pension order is to be passed by the Union of India but an order cancelling the grant cannot be recorded in such a casual manner. Undisputedly the petitioners husband was held entitled to pension and thereafter the State Government made a complaint regarding the forgery into the Jail certificate.
3. True it is that the pension order is to be passed by the Union of India but an order cancelling the grant cannot be recorded in such a casual manner. Undisputedly the petitioners husband was held entitled to pension and thereafter the State Government made a complaint regarding the forgery into the Jail certificate. If the State Government did comment in favour of the deceased and the Union of India was not ready to rely upon the later correspondence or the recommendation made by the State Government then, the Union of India was obliged to issue a notice to the present petitioner, call for her reply, give an opportunity of hearing, if necessary, make enquiry into the genuineness of the claim and only then pass a final order either recalling the pension or granting the same. In absence of procedure known to law the pension granted in favour of the husband of the petitioner could not be recalled. The order passed by the Union of India deserves to and is accordingly quashed. 4. The respondents are directed to issue a show cause notice to the present petitioner giving details of their allegation for cancelling the sanctioned pension. After receiving the notice the petitioner shall file the reply thereafter the petitioner shall be heard and an order in accordance with law shall be passed by the concerned authority. 5. The petitioner however is given liberty to appear before the Under Secretary, Ministry of Home, Freedom Fighters Division, with a copy of this order. Within one week of the receipt of a copy of this order the concerned Secretary/Department shall issue a necessary notice/show cause notice to the petitioner giving proper time to file reply. After the reply is received the matter would be heard and decided as observed above. 6. The petition is allowed.