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Madhya Pradesh High Court · body

2003 DIGILAW 56 (MP)

R. K. Tiwari v. State of M. P.

2003-01-09

ARUN MISHRA

body2003
JUDGMENT : ARUN MISHRA, J. 1. Petitioner in the instant writ petition prays for issue a direction to the respondents to certify that the enquiry made by the Govt. in the year 1987 is proper and for quashment of memo P.7 dated 6-6-2001 issued by the Under Secretary, General Administration Department, Govt. of M.P. Bhopal, and respondents be prohibited from striking out the name of the petitioner from the list of Freedom Fighters of District Betul. 2. Petitioner submits that petitioner is a retired Professor. He was student of Govt. High School, Betul during 1938-39 to 1944. Petitioner was arrested due to his participation in the ‘Quit India Movement’ and was sent to Jail on 20-8-1942 and was released on 23-8-1942. Petitioner applied for making declaration as Freedom Fighter. Certificate was issued by the Superintendent of District Jail, Betul. After enquiry the State Govt. directed the Collector, Betul in the year 1987 to register the name of the petitioner in the list of the Freedom Fighters of District Betul. Petitioner's name was entered at serial No. 9 in list 2-C/1 of Betul District. State Govt. also recognised the contribution of the petitioner and the certificate was issued on 15-8-1997 by the Chief Minister. Petitioner applied for 'Rajya Samman Nidhi' in the year 2000. Superintendent, District Jail, Betul furnished false information to the State Govt. without verifying the records and suspicion was raised on the certificate of petitioner of remaining in the jail. The Collector, Betul directed the removal of the name from the list of Freedom Fighters. Petitioner submits that for the last 26 years he was so recognised. Petitioner relied on the memo P.3 of the Collector dated 26-5-1987 in which factum of imprisonment was certified to the State Govt. State Govt. as per order P.4 dated 18-1-1988 directed the Collector to enter the name. Certificate P.6 issued by the State Govt. on 15-8-1997 is also relied. He was honoured on 50th anniversary of independence. When petitioner applied for Rajya Samman Nidi only then doubt was raised as to the correctness of certificate after acting upon it for several years. No proper enquiry was done and petitioner was not given any opportunity of placing facts and his name has been removed from the list of Freedom Fighters of District Betul as per memo P.7 dated 6-6-2001. No proper enquiry was done and petitioner was not given any opportunity of placing facts and his name has been removed from the list of Freedom Fighters of District Betul as per memo P.7 dated 6-6-2001. Petitioner submitted representation P.8 dated 7-9-2001 to the Collector but no action was taken. Petitioner relies on the certificate P.1 dated 25-4-1974 which evinces the factum of incarceration of petitioner in the year 1942. Late Pt. Bhawani Prasad Mishra, Member of Parliament, also wrote a letter P.10 on 30-5-1974 wherein it was stated that petitioner and Late Shri Dharmadhikari were with him in the procession on 20-8-1942 and petitioner was in jail for three days. Shri Virdi Chand Gothi, renowned Freedom Fighter of District Betul had also certified as per P.11 the factum of incarceration of the petitioner in August, 1942. The respondents have not looked into the jail records of the year 1942 and the impugned order has been passed. 3. In the return filed by the respondents it is contended that person who has issued certificate P.1 was not Superintendent of District Jail, Betul but Shri M.G. Dubey was Deputy Jailor of the said jail. The certificate is not in the proforma. Dy. Jailor was also competent to issue certificate. Shri M.G. Dubey, Dy. Jailor, has not signed it on behalf of the Superintendent. The certificate is doubtful and respondents are right in rejecting the petitioner's claim. 4. In the return it is nowhere denied that petitioner remained in the jail as per jail records from 20-8-1942 to 23-8-1942. 5. Shri Ashish Shroti, learned counsel appearing for the petitioner, has submitted that the order P.7 is bad in law and deserves to be quashed. There is overwhelming material on record to show that petitioner remained in jail and there is nothing to disbelieve the various documents and the recognition made by the State Govt. itself and in the absence of denial made in the return of the fact that petitioner as per jail records was incarcerated from 20-8-1942 to 23-8-1942. The order P.7 is bad in law and is violative of principles of natural justice and is liable to be quashed. 6. Shri B.N. Mishra, learned G.A. appearing for the respondents, has contended that the Superintendent of jail has not signed the certificate. The same is not in proforma. The certificate is suspicious having been signed by Deputy Jailor. The order P.7 is bad in law and is violative of principles of natural justice and is liable to be quashed. 6. Shri B.N. Mishra, learned G.A. appearing for the respondents, has contended that the Superintendent of jail has not signed the certificate. The same is not in proforma. The certificate is suspicious having been signed by Deputy Jailor. Thus, no interference is required to be made in the writ petition. 7. Material fact is whether petitioner remained in incarceration from 20-8-1942 to 23-8-1942. This fact was recognised by the State Govt. on 4-4-1987 as per order P.2 and found petitioner to be a Freedom Fighter. The Collector, Betul letter P.3 dated 26-5-1987 also indicates that this fact was recognised that petitioner remained in jail for 3 days in try August, 1942 and his name was included in the list of Freedom Fighter of District Betul at serial No. 9 in list 2-C/1. The Govt. has also asked the Collector to make the entry of the petitioner on 18-1-1981 as per letter P.4. Identity card was issued. The State Govt. honoured the petitioner on completion of 50 years of the independence on 15-8-1997 and certificate of commendation P.6 was granted. The order P.7 is absolutely illegal in view of the overwhelming the documents on record. Certificate issued by the renowned Freedom Fighter and also the fact that material fact has not been disputed in the return filed by the respondents that petitioner was incarcerated as per jail records in August, 1942 as claimed by him and as recognised by the State Govt. and various other authorities as per documents P.1 to P.6. 8. The order P.7 indicates that case of the petitioner has been dealt with cursorily. The first reason employed that dispatch number and the date is not mentioned on P.1. The date is very much put on P.1 as 25-4-1974. It was expected of the respondents to verify the record and to state with reference to the record of jail the certificate P-1 is not correct and petitioner was not incarcerated from 20-8-1942 to 23-8-1942. In spite of looking into the record on hyper technical approach, the impugned order P.7 was passed. Even if the Dy. Jailor has signed the certificate, that is not going to invalidate it because the same is based on the record not on the personal knowledge of the Dy. Jailor. The Dy. In spite of looking into the record on hyper technical approach, the impugned order P.7 was passed. Even if the Dy. Jailor has signed the certificate, that is not going to invalidate it because the same is based on the record not on the personal knowledge of the Dy. Jailor. The Dy. Jailor who had issued certificate P.1, was posted at the relevant time at District Jail, Betul. It was not supposed to bear the dispatch number as the same was not dispatched to any place but was given to the petitioner. Thus, without making deep probe into the correctness of certificate P.1, order P.7 has been passed. Same is liable to be quashed. 9. Resultantly, writ petition is allowed. The order P.7 is quashed. The respondents are directed to continue the name of the petitioner as freedom fighter as per the entry made on the strength of orders P.3 and P.5. No order as to costs.