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2024 Supreme(Kar) 643
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, RAMACHANDRA D. HUDDAR, JJ.
Sri. M.V. Srinivasa Gowda S/o Late Sri. G. Venkatarame Gowda – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No.27154 of 2019 (GM-KLA)
Decided on : 29-11-2024
Advocate Appeared:
For the Appellant :SRI. G. PAPI REDDY, SENIOR ADVOCATE FOR SRI. VARUN PAPI REDDY, ADVOCATE
For the Respondent:SRI. BHOJEGOWDA T. KOLLER, SRI. K. PRASANNA SHETTY, ADVOCATE FOR R2; R6 - SERVED AND UNREPRESENTED)
The court emphasized that only genuine freedom fighters should receive pensions, and fraudulent claims undermine the integrity of the Freedom Fighters Pension Scheme.
Headnote:(A) Karnataka Lokayukta Act, 1984 - Section 8 - Freedom Fighters Pension Scheme - Petitioner challenged the initiation of proceedings for recovery of honorarium based on allegations of false claims. The court found no merit in the petitioner's claims, emphasizing the need for genuine documentation to support freedom fighter status. (Paras 6, 10, 18, 24)
(B) Jurisdiction - The court held that the Lokayukta had jurisdiction to investigate complaints regarding fabricated claims for honorarium, and the actions taken by the authorities were justified. (Paras 7, 12, 26)
Facts of the case:
The petitioner, a self-identified freedom fighter, claimed honorarium based on participation in historical movements but faced allegations of submitting false documents. The Deputy Commissioner initiated recovery proceedings based on an investigation report.
Findings of Court:
The court upheld the actions of the authorities, stating that the petitioner failed to provide credible evidence of his participation in the freedom struggle.
Issues: The main issues included the legitimacy of the complaint against the petitioner and the jurisdiction of the Lokayukta to investigate such claims.
Ratio Decidendi: The court ruled that without credible evidence, the petitioner’s claims could not be upheld, reinforcing the principle that only genuine freedom fighters should receive benefits.
Result: Petition dismissed.
ORDER :
(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR)
Petitioner by filing this writ petition has prayed to issue appropriate writ or order by granting the following reliefs:
a) Declare that the proceedings initiate by the Respondent-2 in No.COMPLAINT/UPALOK/BD/7088/2014 based on the complaint of the Respondent-6 dated 01.08.2014 vide ANNEXURE-'E' and action taken thereof without authority of law and without jurisdiction.
aa) Quash the order of Respondnet-1 dated 04-07-2019 in No.CAASUEE 36 PFS 2017 vide 'ANNEXURE-L'.
b) Consequently quash the written communication dated 14-11-2018 issued by the Deputy Commissioner, Kolar District to the Respondent-5 vide ANNEXURE-'H' and notice dated 20-05-2019 issued by the Respondent-5 in No. Swa, Tan, Ho, C.R/04/2018-19 vide ANNEXURE-'K'.
c) Grant such other relief/s as the situation demands to meet the ends of justice.
2. The facts narrated by the petitioner in his petition in nutshell are as under:
That he was a freedom fighter participated in freedom struggle including Rajupet Sathyagraha Camp in Andhra Pradesh. He also participated in Mysuru Palace Chalo Sathyagrahis Movement in the year 1947. It is his specific averment that, he was imprisoned in the sub-jail in Kolar during the months of September and October, 1947 in connection with his participation in Mysuru Chalo Sathyagrahis Movement stated supra. As he was a freedom fighter, in view of the orders of the Government of Karnataka by its order dated 01.07.1981 with regard to the Karnataka State Freedom Fighters Welfare Rules, 1969 (`Rules' for short) and to treat the freedom fighters pension as Honorarium, the petitioner applied for grant of the said honorarium and accordingly on 01.07.1981, the petitioner was granted State Political Pension as he participated in the said Mysuru Chalo Movement so also Hyderabad freedom struggle. At the time of seeking such honorarium, he obtained the certificate from co-prisoner so also obtained the certificate from Member of Parliament and Member of Legislative Assembly both past and present. The State Government accepted his prayer to grant honorarium and accordingly granted honorarium as per Annexure-A.
3. It is stated that, one M.V.Venkatappa was the co-prisoner along with him and he issued a certificate stating that the petitioner was in the sub-jail as a freedom fighter. The said certificate is produced at Annexure-V. Accordingly, he was granted freedom fighters pension/honorarium and Government has sanctioned Rs.100/- per month after detailed examination. He is getting the said honorarium from 26.12.1990.
4. It is alleged by the petitioner that respondent No.6 so arrayed in this petition is working against the petitioner and out of ill-will with ulterior motive filed false complaint to respondent No.2 on 01.08.2015 alleging that falsely the petitioner is claiming honorarium by producing fabricated documents. The said complaint was referred to the Additional Registrar Enquiry No.6 in the Office of Karnataka Lokayukta, Bengaluru. In turn, the said complaint was sent to the Deputy Commissioner, Kolar District for conducting enquiry and to submit a report. Therefore, the said complaint was referred by the Deputy Commissioner to the Asst. Commissioner, Kolar Sub-Division. The Asst. Commissioner issued show-cause notice to the petitioner and called upon him to furnish his explanation. He collected a report from the Tahsildar, Mulbagal Taluk. Accordingly, the petitioner submitted his explanation in writing on 14.12.2015 and produced all the documents in support of his explanation. Thereafter, the Deputy Commissioner Kolar District directed the Tahlsidhar, Mulbagal Taluk vide letter dated 14.11.2018 to initiate proceedings against the petitioner and recover the entire amount paid as honorarium to him. The said communication was issued at the instance of Addl. Registrar, Lokayukta, Enquiry No.6. Even with regard to the initiation of the proceedings for recovery of honorarium received, it was published in Ka
