The production of a co-prisoner's certificate is sufficient proof of imprisonment for the purpose of grant of freedom fighters' pension.

The petitioner challenges an order of the second respondent cancelling the State freedom fighters' pension awarded to him earlier in the year 1980-81.

2. The petitioner alleges in the affidavit filed in support of the writ petition that he is a native of Pannaikadu village of Kodaikanal taluk, that he was imprisoned at the Central Jail at Madurai in the months from May to July 1941, that he took active part in the Satyagraha movement, and that he went underground for about 9 months during 1942-43. It is further alleged in the affidavit that he was awarded about 7 acres of land by the Collector of Madurai in the year 1950 itself for the sacrifices rendered by him for the freedom of our country. It seems that in the year 1981, he made an application to the first respondent for the grant of freedom fighters' pension-through the third respondent enclosing the co-prisoners certificate issued by one P. S. Velusamy Gowder certifying that the petitioner was in Central Jail, Madurai during the period from 8-5-1941 to 7-7-1941. After due enquiry, the petitioner was awarded freedom fighters pension by order dated 138-1981 and the petitioner has been receiving the said pension regularly. It is further alleged in the affidavit that some misunderstanding arose between him and his brother, that on the complaint given by his brother against him, a show cause notice was issued on him calling upon to produce a proof of his detention in Central Jail at Madurai within a month from the date of receipt of that notice, that he sent a reply notice on 31-7-1989 asking time for the production of records with a detailed explanation. The petitioner was replied by the second respondent by letter dated 4-8-1989 granting time till 30-8-1989 stating that he should produce the records on or before 30-8-1989 failing which the grant of pension will be cancelled. The petitioner gave a detailed reply on 18-9-1989 enclosing therewith xerox copies of documents right from 1950 onwards. By the impugned order, the second respondent cancelled the pension. The reason for such cancellation was given in a cryptic manner that the pension was sanctioned to the petitioner on mistaken grounds and on false information furnished by the petitioner. It is further ordered in the impugned order that the amount of pension so far paid to the petitioner to be recovered from him.

3. A counter affidavit has been filed by the respondents. The fact of award of pension in the year 1981 to the petitioner is not denied. It is stated in the counter affidavit that on an allegation levelled against the petitioner by one S. P. V. Alagarsamy stating that the petitioner was receiving pension fraudulently along with others, the matter was referred to Deputy Inspector General of Police, C.I.D. Madras for verification and that the Deputy Inspector General of Police, C.I.D. Madras reported that a perusal of the convict register of Central Prison, Madurai for year 1941, revealed that the petitioner was not in prison during the period as claimed by him and certified by P. S. Velusamy Gowder and as such the claim that he was imprisoned from 8-5-1941 to 7-7-1941 is not correct. It is further claimed in the counter affidavit that on the basis of the said report, a show cause notice was issued. It is further claimed in the counter affidavit that according to Rule 8 of the State Freedom Fighters' Pension Rules, a pension sanctioned is liable to be cancelled, if it is given on mistaken grounds. It is further stated in the counter affidavit that the under Secretary (political pension) visited the prison at Maduari and inspected the convict register and recorded that the name of the petitioner did not find a place in the convict register maintained by the Superintendent, Central Jail, Madurai, that the sanction of pension is only in the nature of discretionary and that it is open to the petitioner to produce acceptable documentary evidence. It is further claimed in the counter affidavit that the jail