justice ab palkar commission of inquiry report volume iii

8/9/2019 Justice AB Palkar Commission of Inquiry Report Volume III

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Reportof

One Man Commission

Justice A.B.Palkar(Former Judge, Bombay High Court)

Appointed

By

Government of Maharashtra

As per order No.POS-1205/Beed/61/C.R.22/05/ FFC-2

dated 1st October 2005 for revalidation of 355(354,

354A) freedom fighters pension cases from Beed

district in pursuance of the order passed by the

Honble Supreme Court on 2nd August 2005 in Civil

Appeal No. 5162 to 5167 of 2005 arising out of SLP

No. 11344 and 11348 of 2004 in the matter of

Shri Bhaurao Dagadu Paralkar & Others

V/sState of Maharashtra.

(VOLUME III-A)

2007


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I N D E X

Part Subject

VOLUME I

Page No

I. INTRODUCTION 2-3

II. BRIEF HISTORY 4-7

III. PROCEEDINGS BEFORE COMMISSION 8-13

IV. GOA LIBERATION MOVEMENT 14-15

V. CASES IN WHICH CLAIM IS BASED EITHER ONCONVICTION OR OTHERWISE DETENTION INCUSTODY FOR SOME PERIOD BY THE

RESPONDENT

16-31

VI. CASES RECOMMENDED BY ZILLA GAURAVSAMMITI OR CASES IN WHICH THE CLAIM ISSANCTIONED BY THE HIGH POWER

COMMITTEE PRIOR TO ISSUE OFGOVERNMENT RESOLUTION DATED 4.7.1995

32-40

VII. GENERAL REASONS IN CASES OFUNDERGROUND FREEDOM FIGHTERS

41-54

VIII. GENERAL REASONS IN CASES BASED ONWARRANTS OF ARREST

55-71

IX. CASES IN WHICH CLAIM IS BASED ONARREST WARRANTS AND ALSO ON THEGROUND THAT THE PERSON WAS WORKING

UNDERGROUND IN HYDERABAD FREEDOMMOVEMENT

72-140

X. CASES IN WHICH DATE OF BIRTH ISDISPUTED

VOLUME II

141-215

XI. CASES IN WHICH FILES WERE NOT MADEAVAILABLE TO THE COMMISSION

217

XII. CASES IN WHICH THE CLAIMANT AS WELL ASHIS OR HER SPOUCE IS REPORTED DEAD AND

HENCE CLOSED BY THE COMMISSION

218

XIII. PARTICULAR CASES OF UNDERGROUNDFREEDOM FIGHTERS

VOLUME III-A & B

219-487

XIV. PARTICULAR CASES OF FREEDOM FIGHTERSCLAIM BASED ON ARREST WARRANT

489-838

XV. CONCLUDING REMARKS OF THECOMMISSION

839-848

XVI. ANNEXURES (KEPT SEPARATELY) 849-862

XVII. LIST OF ALL 355 CASES (354, 354A) 863-872


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PART XIV

CASES OF FREEDOM FIGHTERS

AGAINST WHOM WARRANT IS ISSUED

Sr. No. Case

File No.

Name of the Freedom Fighter Page

No.

1. 3 Anna Rakhmaji Sanap

2. 8 Draupadi Raoraheb Ghuge

3. 10 Uttam Kahnuji Shinde

4. 11 Raghunath Mahadeorao Nagargoje

5. 12 Parasram Raghu Dongre

6. 14 Dyanoba Pandurang Sanap

7. 15 Shankar Sambhaji Jagtap

8. 17 Babu Namdeo Sanap

9. 19 Subhadrabai Anna Binawade

10. 20 Namdeo Pandu Adsul

11. 21 Sunder Nivrutti Sanap12. 23 Laxman Deorao Adsul

13. 25 Radhabai Saheb Nagargoje

14. 27 Shankar Padaji Rakh

15. 29 Ramkisan Shahu Adsul

16. 31 Yamunabai Gyandeo Adsul

17. 32 Mathurabai Buaji Gayakwad

18. 42 Bhagwan Ambadas Nagargoje

19. 44 Dagadu Shripati Jogdande

20. 51 Uttam Dada Sanap

21. 52 Shamrao Yashwant Kanthale

22. 53 Baburao Yashwant Kanthale

23. 54 Trimbak keru Bade

24. 56 Dhanaji Ranu Mane

25. 57 Keshv Babu Bangar

26. 58 Padminibai Narharibai Arsul

27. 60 Sahebrao Eknath Kadam

28. 61 Bhagirathibai Maruti Sanap (deceased)Represented by Marutibau Sanap

29. 63 Bhanudas Gopalrao Sanap

30. 67 Dhanaji Namdeo Salve

31. 72 Sindhubai Dynanoba Tandale

32. 85 Somnath Vishune Shirsat

33. 91 Maruti Tukaram Bangar34. 92 Ashruba Dajiba Wanve

35. 93 Digambar Someshwar Mule (deceased)Represented by Parvatibai Digambar Mule

36. 94 Rambhau Ganpati Raut

37. 95 Bhujanga Ashruba Bawane

38. 96 Sahebrao Tatya Sanap

39. 97 Vitthal Madhavrao Nagargoje


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40. 102 Saheba Mahade Nagargoje

41. 123 Rakhmaji Genu Mane

42. 124 Bajirao Bapurao Shinde

43. 126 Ashruba Dhondiba Mhatre

44. 127 Ashruba Tatyaba Dubale

45. 128 Shivaji Limbaji Doiphode

46. 133 Tanaji Bapu Sanap47. 147 Kashinath Sakhaaram Kadpe

48. 151 Sunderabai Bhagawan Rakh

49. 152 Bhagwan Shivram Sanap

50. 153 Mahedeo Tukaram Sanap

51. 154 Prayagbai Nivrutti Asul

52. 156 Kisan Gunaji Wanve

53. 160 Jijaba Dashrath Khote

54. 162 Kashinath Ganpati Aaghav (deceased)Represented by Samindrabai Kashinath

Aaghav

55. 163 Trambak Nathu Khedkar56. 169 Namdeo Digambar Bangar

57. 171 Vikram Rangnath Tandale

58. 172 Deoram Dhondiba Kashid

59. 174 Indirabai Bhaurao Rakh

60. 175 Prabhakar Dattoba Rakh

61. 176 Anna Paraji Khatal

62. 178 Pandurang Haribahu Ware

63. 180 Vishwanath Anand Raut

64. 181 Kisan Nana Nagargoje

65. 182 Ashruba Bapuji Khatal

66. 185 Sopan Bapu Gharat

67. 186 Nivrutti Ganapati Nagargoje

68. 187 Raghunath Ganpati Bangar

69. 188 Prayagbai Dynanoba Tambe (deceasedDynanoba Bajirao Tambe)

70. 193 Vitthal Pandurang Payal

71. 194 Samatabai Bhagawan Rakh

72. 196 Ravsaheb Narayan Kokate (deceased)Represented by Lochanabai Raosaheb Kokate

73. 198 Padmabai Gena Rakh

74. 199 Arjun Gundoba Tambe

75. 202 Sanjay Dhondiba Mane

76. 204 Raghunath Eknath Shinde77. 206 Dnyoba Dagadu Aagam

78. 209 Bayaji Tukaram Rakh

79. 210 Ramrao Madhavrao Nagargoje

80. 211 Uttam Sonba Pandit

81. 212 Babasaheb Govind Wanve

82. 215 Narhari Dinanath Pathak

83. 220 Tulshram Gahininath Bangar

84. 223 Aabasaheb Girarao Shinde


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85. 224 Lahanu Bhau Rakh

86. 225 Baba Tukaram Arsul

87. 226 Ashruba Anna Sanap (deceased) Representedby Sunderabai Ashruba Sanap

88. 227 Rajaram Govind Arsul

89. 228 Manmath Genba Gobre

90. 229 Laxman Anayaba Nagargoje91. 230 Jalinder Dadarao Rakh (deceased)

Represented by Gangubai Jalinder Rakh

92. 233 Keshav Kisan Nagargoje

93. 236 Bhau Tukaram Arsul

94. 237 Vishwanath Bhagawan Rakh

95. 239 Gahininath Deorao Rakh

96. 241 Haribhau Bhaguji Zambre

97. 242 Kondiba Tukaram Khade

98. 243 Lochanabau Ashrubai Rakh

99. 244 Dadarao Bapurao Arsul

100. 245 Nivrutti Bhanudas Arsul101. 246 Sitaram Natha Gaikwad

102. 248 Shama Govind Kadam

103. 249 Narhari Aaba More

104. 250 Shankar Kisan Kakde (deceased) Representedby Lakhpati Shankar Kakde

105. 251 Gopinath Ganpati Shinde (deceased)Represented by Shewantabai GopinathShinde

106. 253 Deorao Kisan Lad

107. 256 Sheubai Dnyoba Rakh

108. 263 LImbaji Aaba Bangar

109. 264 Ganpat Eknath Mandwe110. 266 Narayan Aabaji Gurav

111. 267 Bhagubai Aapparao Jaybhaye

112. 268 Gahinath Mada Rakh

113. 269 Babasaheb Ashruba Rakh

114. 270 Namdeo Madhav Gaikwad

115. 271 Kacharu Kisan Bhandare

116. 273 Sarjerao Madhavrao Bangar

117. 274 Manohar Genaji Bangar

118. 276 Ashruba Vithoba Bawane

119. 278 Gyandeo Ravji Rakh

120. 279 Manikrao Devji Rakh (deceased) Representedby Wanchabai Manikrao Rakh

121. 280 Ganpatrao Madhavrao Baglane (deceased)Represented by Muktabai Ganpatrao Baglane

122. 281 Sahebrao Pandurang Sanap

123. 282 Bhaguji Maruti Tandale

124. 284 Sona Ranga Waghamare

125. 285 Maruti Dada Wanve

126. 287 Mahadeo Yashwanta Adangale


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127. 289 Shahurao Aabaji Rakh

128. 290 Nana Hari Suravse

129. 292 Ramdas Sona Bawne

130. 301 Dasrao Manikrao Bhakre

131. 303 Ramkisan Buwasaheb Nagargoje

132. 306 deceased Rama Waman Wanve (deceased)

Represented by Prayagbai Rama Wanve133. 307 Laxman Ganpati Chaure

134. 309 Raosaheb Ramrao Bangar

135. 311 Mahadeo Rakhmaji Gopalghare

136. 314 Vitthal Ashruba Sonawane

137. 315 Sopan Chatrubhuj Gaikwad

138. 316 Sarjerao Sahebrao Bawane

139. 318 Sukhadeo Dhondiba Arsul

140. 322 Pandurang Maruti Khade

141. 325 Sukhadeo Megha Funde

142. 326 Ramrao Ashruba Bangar

143. 333 Krishnanath Someshwar Mule144. 339 Mahadeo Aabaji Naiknavare

145. 341 Babasaheb Chatrubhuj Gaikwad

146. 342 Bhaurao Sitaram Kapale

147. 343 Sarubai Bansilal Bhutada (deceased BansilalBhaurao Bhutada)

148. 345 Shantabai Bhaginath Gaikwad (deceasedBhaginath Vitthal Gaikwad)

149. 348 Sukhdeo Daula Shinde

150. 353 Sunderabai Sonabai Panchan (deceasedSonaba Tukaram Panchal)


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Case File No. 3. (Respondent No.3)

Shri Anna Rakhamaji Sanap

He had applied for grant of freedom fighter's pension on 2.9.1994.

However, the application is not seen in the file. His claim was based on

warrant of the arrest issued in file No. 7/1357 F Outward No. 407 dated 02

Bahman 1357 Fasli (2.12.1947).

He produced Xerox copy of warrant which is not signed as true copy

by anybody. By letter dated 15.4.1998, he informed the collector Beed that

when he filed application there was no Zilla Gaurav Samiti in existence.

However since now there is Zilla Gaurav Samiti formed the file be placed

before Zilla Gaurav Samiti for consideration. The district superintendent of

police had already sent verification report regarding the arrest warrant to the

Collector.

The case was placed for consideration of the Zilla Gaurav Samiti in

meeting dated 30.1.1998. Zilla Gaurav Samiti referred to the warrant and

verification report sent by Police Sub Inspector (crime) Aurangabad that there

is no mention regarding the said warrant in the record.

The said warrant was sent for verification to the superintendent of

police district Beed who informed that name of Appa Rakhamaji Wanjara

resident of Wadzari is mentioned in the warrant. However, it is not known

whether the warrant was executed or not but the warrant appears to be

connected with Hyderabad Freedom Movement. The Zilla Gaurav Samiti was

not in a position to take any decision regarding recommendation and

forwarded the matter for taking decision at Higher Level. However below the

entire minutes of Zilla Gaurav Samiti stating that decision be taken at Higher

Level there is erasure and addition. The earlier comment that Zilla Gaurav

Samiti can not give recommendation is changed and the words "can not give"

(deu shakat nahi) are scored out and it is stated that there is recommendation

(Abhipraya aahe). However, the sentence "that decision be taken at HigherLevel by Government is not deleted". In his own hand writing in different ink

the Chairman has added one sentence that the case is fit for sanction.

In the affidavit filed in support by one Uttam Dhondiba Sanap there is

no reference to the arrest warrant issued against him. Similar is the affidavit of

Rambhau Laxman Sanap.


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When the matter was placed for consideration of High Power

Committee, note was put up that he has produced warrant from Ambajogai

Police Station and the warrant is verified by the Tahasildar Patoda. He

reported that original record was not available and verification is done from

Xerox copy which contains his name and the warrant is in connection with

Hyderabad Freedom Movement. However, below that the under secretary

mentioned that there is no name in the warrant. There is no proper verification

report.

It is thus clear that the High Power Committee was made aware of the

fact that the original record was not available. There can be no verification

from the Xerox copy itself. Verification was not from the original record

which was admittedly not available.

The warrant bearing Outward No. 407 dated 2 Bahman 1357 F i.e.

2.12.1997 relied upon by him is not found to be reliable by the Commission.

The so called original warrant was alleged to be in the file of Ambajogai

Police Station.

The Commission found the signatures on this warrant was entirely

different from the signatures of the same Tahasildar on undisputed

correspondence/office notes signed by him and the signature does not tally

either with the signatures on warrants received from the court of Judicial

Magistrate First Class, Gevrai, or warrants contained in the file received from

the Collector pertaining to Tahasil Office Patoda and even the signatures on

the other warrants received from Ambajogai Police Station do not tally. The

Commission has already stated in detail the reasons in a separate part on

warrant cases and has also referred to the report of handwriting expert to that

effect as stated above.

Thus the respondent, having relied on document alleged as arrest

warrant which is false and forged, is not entitled to Sanmanpatra and allied

benefits and in fact having produced such a document the entire proceedings

are vitiated. The Commission therefore recommends that the Sanmanpatra and

allied benefits granted to him be cancelled.


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Case File No.8 (Respondent No.8)

Raosaheb Vishwanath Ghuge deceased represented by wife Dropadibai.

In his application dated 17th September 1990 he accounted for the

activities performed against Nizam Government and in affidavit he disclosed

that arrest warrant was issued against him and to substantiate the said fact he

has placed on record Xerox copy of the warrant bearing file No.21/1 outward

No.617 dated 17 Thir 1357 Fasli equivalent to 17th

May 1948. The said Xerox

copy is copy of one copy alleged to be certified copy by endorsing thereon to

the effect verified that this Xerox copy is true copy of original copy issued

by Gevrai Court on 10th

November 1989.

In reply to the letter dated 1st

May 1998 of the Collector Beed. The

Civil Judge Junior Division and Judicial Magistrate First Class Court, Gevrai

informed on 10th

August 1998 that the warrant Nos. 201, 202, 203, 204, 205

and 617 of 1357 Fasli are not available i.e. original record of the same was not

available. The Patoda Tahasildar issued the original warrant. The same be

verified from that office.

In reply to the correspondence from Desk Officer, General

Administration Department, Mantralaya, Mumbai, the Tahasildar Patoda by

his letter dated 8th

January 1993 informed that from the record available in his

office, the warrant appears to have been issued against the person mentioned

in the warrant. It was in force for the period of nine months from the date of its

issue.

The Collector, Beed vide his letter dated 7th

November 1998 addressed

to the Deputy Secretary, General Administration Department informed that in

the verification report dated 10th

August 1998 sent by the Civil Judge Junior

Division Gevrai, stated that the name of Raosaheb Vishvanath Ghuge does not

find place in the warrant and further opined that it is not a fit case for grant of

pension.


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However, the High Power Committee granted application stating that

19 persons from Osmanabad district whose name appeared in the same

warrant have been given pension on the basis of the warrant and therefore the

applicants claim is granted.

Mr. Jadhav, Ld. Advocate pointed out that the document placed on

record is not a warrant and what is produced is not a certified copy.

The case depends entirely on the reliability of warrant in file No.21/1

Outward No.617 dated 17 Thir 1357 Fasli (07.05.1948). The alleged original

warrant is in the file received from the Judicial Magistrate First Class Court,

Gevrai. The signature on this warrant is only like initial and is entirely

different from the signature found on the undisputed correspondence/office

notes signed by the same person i.e. Tahasildar, Patoda and it also is not at all

tallying with the signature on warrants in the file of police station Ambajogai,

the warrants contained in file of Tahasildar Patoda and other warrants received

from the Judicial Magistrate First Class Court, Gevrai.

This apparent to the naked eye and is confirmed by the expert opinion.

The general observations made in separate part of this report on warrant cases

apply Mutatis Mutandis to this case.

Thus the warrant not being reliable he is not entitled and has failed to

prove his entitlement to the Sanmanpatra and allied benefits which deserve to

be and be cancelled forthwith and the Commission recommends accordingly.


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Case File No. 10 (Respondent No. 10)

Uttam Kanhuji Shinde.

He applied for pension as freedom fighter on 23rd

November 1990 and

in his affidavits he has stated that arrest warrant was issued by Tahasildar

against him.

He produced Xerox copy of warrant which is a true copy bearing the

endorsement that it is a true Xerox copy of copy issued by Civil Court Ashti.

The name of the freedom fighter appears in this warrant in confidential File

No. 21/1357 F outward No.201 dated 10 Isfandar 1357 Fasli (equivalent to

10th

January 1948). This warrant contained names of more than hundred

persons.

The Zilla Gaurav Samiti in its meeting dated 31st

December 1998

stated that since original warrant was not available with the authority the copy

produced cannot be relied upon and no positive recommendation can be given.

The Additional Collector vide letter dated 20th

March 1999 reiterated

the same facts and stated that the case is not fit for grant of pension.

However, the High Power Committee accepted the warrant as genuine

and sanctioned pension.

Before the Mane Committee, he stated that warrant was issued against

him. Although he stated he will produce the certified copy he never produced.

The case depends on the reliability of warrant in file No.21 Outward

No. 201 dated 10 Isfandar 1357 Fasli (10.1.1948). The alleged original

warrant is in the file received from the Gevrai Court. The signature on this

warrant is only like initial and is entirely different from the signatures found

on the undisputed correspondence/ office notes signed by the same Tahasildar

and also is not at all tallying with signature on the warrants contained in the

file of police station Ambajogai and on the warrants contained in file of

Tahasildar Patoda. It does not tally even with other warrants in the same file

received from Gevrai Court. This is apparent to the naked eye and is

confirmed by the expert opinion. Thus the warrant not being genuine he is

not entitled to the Sanmanpatra and allied benefits which deserve to be and

should be cancelled forthwith and the Commission recommends accordingly.


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Case File No. 11 (Respondent No.11)

Raghunath Mahadev Nagargoje

It is a case depending on warrant issued against him in file No. -

Outward No. 217 dated 2 Bahman 1357 Fasli i.e. 2

nd

December 1947 A.D.

He applied for grant of pension in the year 1986. He stated in his

application that he gave slogans as Vande Mataram Mahatma Gandhi Ki

Jai, Nizam Murdabad and cut shindi trees and also opposed recovery of levy

etc. He has relied on warrant issued against him as described above and

produced Xerox copy of copy claimed to be certified copy. It is signed as true

copy by the Land Records Inspector. The Marathi translation describes it as

warrant dated 2 Bahman 1357 Fasli i.e. 2nd

December 1947. The warrant

contained names of 29 persons. It is in the form of letter addressed to P.S.I.

Patoda by the Tahasildar. Two Xerox copies are filed and in translation of one

of the copy, it is added at the end that Raosaheb Narayan Kokate resident of

Daskheda and Vayaji Tarku named from amongst the 29 persons has been

granted pension which note appears to have been added as the same is not in

thecopy of which Xerox is taken.

For verification of this warrant District Collector Beed addressed a

letter to Tahasildar Patoda on 3rd November 1997 and attached a list inquiring

file number and outward number of the warrant and whether copy has been

issued from the office of Tahasildar and whether the names mentioned in the

list are there in the warrant/letter.

In his verification report the Tahasildar communicated file number nil

and outward No.218 stating that the original record has already been submitted

to the Collectors office and he has verified the names from the copy sent to

him as the original record was not with him. This list of-course contains only

five names including Raghunath Mahadevrao Nagargoje

Applicant had filed writ petition No.3332/94 in the High Court as his

application was pending since 1986. The High Court directed to decide the

application expeditiously.

It appears that after the directions of the High Court his application

was rejected. Thereafter he filed another writ petition No.4405/96. In view of


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rejection of his claim and order was passed in two petitions namely 4405 and

4408/96, which were heard along with petition No.3036/95. Decision

rejecting the claim of the freedom fighter was set aside and the matter was

remanded for decision after giving fresh opportunity of hearing to the

petitioner freedom fighters.

After the decision of the High Court, in the meeting held on 30th

November 1998 the Zilla Gaurav Samiti noted that he has filed his own

affidavit and copy of warrant issued by Tahasildar Patoda. The original record

was not available, and the earlier remarks of the Zilla Gaurav Samiti are on

record that in the absence of original record the copy of warrant cannot be

relied upon. Further it is stated that Zilla Gaurav Samitis recommendation

is in the negative and the word in Marathi Nahi is scored out and written as

positive ahe. However, the word in negative is one which logicallyfollows the earlier sentence that in the absence of original record the copy

cannot be accepted to be correct. After this one sentence is added in totally

different hand writing and different pen at different time mentioning that on

the basis of said warrant one Raosaheb Kokate was getting pension and

therefore applicant should also be granted pension. However, one member

Mr. P.V.Joshi made an endorsement that original record is not available.

In the meantime the Collector had written to the Government on 5th

February 1998 that the warrant cannot be verified in the absence of original

record and therefore the Zilla Gaurav Samiti has not given positive

recommendation the case is not fit for sanction of pension.

Thereafter in the note put up before the High Power Committee it is

stated that original record is not traceable but the copy appears to be certified

In the reply filed in the High Court in Para 9 it was stated by the Government

that mere filing affidavits of two renowned freedom fighters is not sufficient

to decide the claim. The petitioner has not produced any reliable document to

show that he took part in the freedom movement and accordingly the High

Power Committee rejected his claim.

Thereafter the applicant gave application on 12th

September 1999 to

the then Member Secretary of High Power Committee Advocate Rajabhau

Zarkar and he made a note on it on 12th

September to reconsider the case and


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put up the case with recommendation. Thereafter in view of the endorsement

of the member secretary on the application of freedom fighter, it was further

stated that the copy of warrant filed by the freedom fighter was got verified

through Collector Beed. The said warrant has not been verified from the

original record. However his name appears in the copy and he had filedpetition in the High Court and therefore the request be granted.

Further note is made by the Under Secretary that according to the

endorsement of the member secretary on the application, case is reconsidered.

In the second Para, it is stated that his request was earlier rejected,

however that was not informed to the freedom fighters. The person claims to

have taken part in Hyderabad Mukti Sangram and in support has produced

copy of warrant. The District Collector has got it verified from Patoda

Tahasildar and has stated that the warrant, copy filed by the applicant for the

second time is copy of record which is not available in the Tahasildar office

and that copy is also not issued on the basis of original record. However his

name appears in the copy and contents are regarding freedom movement and

on the basis of similar copy one Kokate is granted pension. Therefore in the

present case also pension be sanctioned. Thereafter again a note is made that

by Under Secretary that the warrant is not verified and request be rejected but

the Member Secretary made further note and it was sanctioned.

He appeared before the Mane Committee and filed 12 documents and

asked for time for filing the certified copy of warrant within fifteen days.

Thereafter again he appears after fifteen days and filed only Xerox copy and

Marathi translation. His statement was recorded in which he stated that he has

no evidence to show that he was absconding and he does not want to file any

other document than the certified copy of warrant, which he never filed.

It is clear from the above stated fact that his claim was rejected by the

Government even after remand of the matter by the High Court but before

intimation of the same was sent to him he approached the Member Secretary

and the Member Secretary directed to re-examine the matter. No fresh

evidence was produced. The Zilla Gaurav Samiti had also taken a decision not

to recommend, which was later on changed in the hand writing of the


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Chairman Shri Babasaheb Bangar ignoring the objection of Shri P.V.Joshi that

since the original record is not available there is no proper verification.

The verification report of the Tahasildar was pertaining to warrant

Outward No. 218 File No. Nil , whereas Raghunath Nagargoje had produced a

copy of warrant Outward No. 217 dated 2 Bahman 1357 Fasli ( 2.12.1947).

The verification was from the copy and not from the original record and that

also as pointed out above, in respect of warrant Outward No.217 and not in

respect of the one of which copy was relied upon by the respondent. There

was no valid reason to review the earlier decision taken by the High Power

Committee.

The Commission has already discussed in respect of the warrant of

which copy is produced in the detail reasons in the part of general reasons of

warrant cases. The signature on this warrant is found to be entirely different

from the signatures on the undisputed office notes and corrospondence signed

by the same Tahasildar that the signatures on the warrants received from the

Police Station Ambajogai and warrants received from the Court of Judicial

Magistrate First Class Gevrai and even with other warrants contained in the

file of Tahasildar Patoda and in view of the suspicion felt, the Commission

had referred the documents to Government handwriting expert and has

discussed about the report of expert in the general reasons part and found that

the warrant is not genuine.

The case depends on the reliability of the warrant which is found to be

forged. Thus he was not entitled to Sanmanpatra and allied benefits on the

basis of documents produced and the same deserve to be and be cancelled

forthwith and the Commission recommends accordingly.


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CASE FILE NO. 12 (RESPONDENT NO.12)Parasaram Raghu Dongre

He filed application for grant of pension on 12th

September 1991 and

along with it stated in column no.3 that he took part in the freedom movement

and was involved in the incidents of burning office of police patil and patwariand burning karodgiri naka and cutting shindi trees etc.

In the affidavit filed on 19th

September 1991 he has stated similar facts

and has also added that warrant was issued against him and produced a Xerox

copy of warrant in file No. 21/1 Ourward No. 617 17 Thir 1357 i.e. 7.5.1948.

It is apparent that it is a Xerox copy of true copy signed by Assistant

Superintendent Civil Court Gevrai. However, this copy is produced after it is

signed by the Nazir cum COC of Patoda Court on 19th

September 1990

whereon the endorsement is, verified that the Xerox copy is true copy oforiginal copy issued by Gevrai Court on 10

thNovember 1989.

In its meeting held on 11th

November 1998 the Zilla Gaurav Samiti

referred to the petition filed by him in the High Court and to the fact that when

notice was issued to him for producing evidence as per the requirement of new

Government Resolution dated 4th

July 1995, he did not produce any evidence

hence his case cannot be recommended.

The Collector also wrote to the Deputy Secretary, General

Administration Department on 18th November 1998 that the case is not fit for

grant of pension.

Thereafter the High Power Committee made endorsement with

reference to the report of the District Collector dated 18th

November 1998

stating that the report of the Collector is incomplete and further report be

called from the Collector. The Collector again wrote to the Government on

27th January 1999 with reference to the writ petition filed by him that the

original record is not available in the Tahasildar office and therefore the

warrant cannot be verified and notice was given to the freedom fighter to

produce documents but he also did not produce any documents and the matter

further placed before the Zilla Gaurav Samiti. However, the minutes of the

meeting dated 18th

November 1998 of the Zilla Gaurav Samiti and the letter

dated 18th

November 1998 do not tally. The Collector also made endorsement


17/232

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that the time limit given by the Court is over and decision be taken by

Government at higher level.

Thereafter the High Power Committee after referring to his High Court

petition stated that original record of the warrant was not available and

therefore Zilla Gaurav Samiti had not recommended his case. It is further

stated that the warrant was earlier verified by the Tahasildar in another case

and the Xerox copy of that verification is attached to the file. From the report

of the Tahasildar dated 18th

January 1993 the copy appears to be correct and in

the names verified by him from the warrant copy, the name of the applicant

appears and therefore the case is fit for grant of pension. Relying on the copy

of warrant about which detailed statement is made earlier and treating it as

copy issued by the Gevrai Court the Member Secretary Rajabhau Zarkar made

endorsement that it is a fit case for grant of pension and subsequently pension

has been granted. In the affidavit filed after issue of notice he has further

asserted some more incidents. However, since the case is of warrant it is not

necessary to go into the details.


Outward No.617 dated 17 Thir 1357 Fasli (07.05.1948). The alleged original

warrant is in the file received from the Gevrai Court. The signatures on this

warrant is only like initial and is entirely different from the signature found on

the undisputed correspondence/ office notes signed by the same person i.e.

Tahasildar, Patoda and it also is not at all tallying with the signature on

warrants in the file of police station Ambejogai, the warrants contained in file

of Tahasildar Patoda and other warrants received from Judicial Magistrate

First Class Court, Gevrai.

This apparent to the naked eye and is confirmed by the expert opinion.

The general observations made in separate part of this report on warrant cases

apply Mutatis Mutandis to this case.

Thus the warrant not being reliable he is not entitled and has failed toprove his entitlement to the Sanmanpatra and allied benefits which deserve to

be and should be cancelled forthwith and the Commission recommends

accordingly.


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- 504 -

CASE FILE NO. 14 (RESPONDENT NO.14)

Gyanoba Pandurang Sanap

Gyanoba Pandurang Sanap filed application for grant of pension on

13th

July 1990, wherein he stated that he took part in the freedom movement

by obstructing recovery of levy, burning Government building, cutting Sindhitrees. Same facts are stated in the supporting affidavit. He produced Xerox

copy of warrant which is a true copy of a copy signed by Senior Police

Inspector Ambejogai. This true copy is signed by Special Executive

Magistrate. The warrant is bearing outward No.214 file No.21/2 of 1357 Fasli

(equivalent to the year 1947) dated Nil.

The Zilla Gaurav Samiti in its meeting held on 16th December,1997

stated that original warrant was not available with the Police Station and the

copy does not appear to have been issued on payment of fees but the contents

of the warrant appear to be in respect of the freedom movement against

Government of Nizam, there is name of the person similar to the name of

applicant, but in the absence of original warrant the copy cannot be relied

upon but still the Zilla Gaurav Samiti was satisfied that he had taken part in

the freedom movement and recommended his case . One of the Member

P.V.Joshi in his note stated that the warrant is not verified.

Thereafter the Additional Collector wrote to the Deputy Secretary on

15th July 1998 that he does not comply with the Government Resolution dated

4th July 1995 and this case is not fit for sanction.

The copy of warrant filed by him was sent for verification to the Police

Station Ambejogai with a list of 60 names inquiring whether the names were

included in the warrant. The Police Sub Inspector reported that he has verified

60 names from the list. This report was sent on 3rd October 1997, however,

the original warrant was not available with the police station and the copy is

not issued in regular course by charging fees for certified copy. The contents

of the warrant are about the work against Nizam and it appears to be

connected with freedom movement. In the verification report the police

inspector has referred only to 27 names in copy of warrant, which are similar

to the names in the list of 60 persons which includes the name of Gyanoba

Pandurang r/o Vadzari.


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Before the High Power Committee in the note put up, it is stated that

from warrant (copy) produced by the freedom fighter it appears that the

original warrant is available with Ambejogai police station. However the Zilla

Gaurav Samiti recommended his case for grant of pension and High Power

Committee sanctioned the pension.

In his statement before Mane Committee he stated that he was required

to stay away from his house for three months whereas the affidavit filed after

issuance of Notice before this Commission he made further improvement by

stating that he was required to live away from house for thirteen months.

The case depends entirely on the reliability of warrant in file

No.21/2/57 F Outward No. 214. The alleged original warrant is in the file

received from the Ambajogai Police Station. The signature on this warrant is

entirely different from the signatures found on the undisputed

correspondence/office notes signed by the same person i.e. Tahasildar of

Patoda and it also is not at all tallying with signature on the warrants received

from the Judicial Magistrate First Class Court Gevrai, warrant contained in file

of Tahasildar Patoda and other warrants received from Ambajogai Police

Station.

This is apparent to the naked eye and is confirmed by the expert

opinion. The general observations made in separate part of this report onwarrant cases apply Mutatis Mutandis to this case.

The report dated 3.10.1997 of Police Inspector, Ambajogai to the

effect that out of 60 names given in the list names of only 27 persons are and

rest 33 are not in the copy of warrant sent to him further strengthen doubt

about genuineness of the warrant.

Thus the warrant not being reliable he is not entitled to the

Sanmanpatra and allied benefits which deserve to be and should be cancelled



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- 506 -


Shri Shankar Shambhaji Jagtap

He applied on 2.7.1990 for grant of pension on the basis of warrant

issued against him in file No.21/2 1357 Fasli outward No.214 dated Nil

(equivalent to 1947) Similar to the earlier file of Shri Dyanoba Pandurang

Sanap, he produced Xerox copy of warrant signed as true copy by Senior

Police Inspector Ambajogai. Special Executive Magistrate signed the true

copy. The English translation shows his name in the warrant.

The Zilla Gaurav Samiti in its meeting held on 16th December 1997

recommended his case although it was observed that the original warrant is not

available and the copy issued by Police Sub-Inspector is not certified copy

issued after charging fees but similar name appears in the copy. The Zilla

Gaurav Samiti observed that in the absence of original record copy cannot be

accepted as genuine; however, Samiti is convinced that he has worked in the

Hyderabad Freedom Movement against the Government of Nizam so

recommended his case. One member P.V.Joshi recorded objection.

Thereafter the Additional Collector, Beed, wrote to the Deputy

Secretary on 15th July 1998 that the case is not fit for grant of pension.

The High Power Committee referred to the verification report

submitted by Police Sub Inspector Ambajogai and this was after the Collector

referred the matter to him with a list of 60 persons. The verification is done

from the Xerox copy without there being original record available. The High

Power Committee in the note stated that original record was available with the

Police Station and therefore accepted the recommendation of the Zilla Gaurav

Samiti.

In his statement before the Mane Committee he stated that he stayed

away from his house for six months and he will produce the certified copy

within 15 days but the same is not produced till this date.


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- 507 -

In his affidavit filed before this Commission he stated that for 13

months he was required to live away from his house. It is clear improvement

made by stating period of 13 months.


No.21/2/57 F Outward No. 214. The alleged original warrant is in the file

received from the Ambajogai Police Station. The signature on this warrant is

entirely different from the signatures found on the undisputed

correspondence/office notes signed by the same person i.e. Tahasildar of

Patoda and it also is not at all tallying with signature on the warrants received

from the Judicial Magistrate First Class Court Gevrai, warrant contained in file

of Tahasildar Patoda and other warrants received from Ambajogai Police

Station.


opinion. The general observations made in separate part of this report on

warrant cases apply Mutatis Mutandis to this case.

The report dated 3.10.1997 of Police Inspector, Ambajogai to the

effect that out of 60 names given in the list names of only 27 persons are and

rest 33 are not in the copy of warrant sent to him further strengthen doubt

about genuineness of the warrant.

Thus the warrant not being reliable he is not entitled to the Sanmanpatra and

allied benefits which deserve to be and be cancelled forthwith and the

Commission recommends accordingly.


22/232

- 508 -


Shri Babu Namdev Sanap

He applied for pension on 19th

March 1986. He has not stated

anything in his application. His case is based on warrant bearing No. 21/1357

Fasli outward 270 dated 15 Bahman 1357 Fasli i.e. 15th

December 1947. He

has produced a Xerox copy of the warrant issued by Tahasildar, Patoda and

addressed to the Sub-Inspectors, Patoda and Manor. Xerox copy of warrant

produced by him is copy of another copy claimed to be certified copy and

Xerox copy produced is attested by Executive Magistrate.

The District Collector called for verification report from the Tahasildar

by attaching a list of 45 persons. In the report dated 12th November 1997

the Tahasildar has stated that the original record has been submitted to the

Collector office and out of the list of 45 persons received, the warrant copy

shows names of 25 persons. The remaining 20 names are not there even in the

copy. However, he further stated that the name of Babu Namdeo and others

appears to be there in the Xerox copy but since the original record is into

available, it cannot be verified.

In its meeting dated 31st December 1997 the Zilla Gaurav Samiti

stated that the Tahasildar Patoda had informed that original warrant is issued

from his office but the original record is not available and in the absence of

original record the copy cannot be verified. However, Zilla Gaurav Samiti

stated further that since the Respondent worked in the freedom movement

against Nizam, the Zilla Gaurav Samiti is convinced about his role and

recommended grant of pension.

The Collector had written letter to the Deputy Secretary on 15th July

1998 giving reference to the provisions of Government Resolution dated 4th

July 1995 and reported noncompliance stating that the claim of pension can

not be sanctioned and decision may be taken by the Government.

Thereafter the High Power Committee stated in the note that the

warrant has been verified by the District Collector from Police Station


23/232

- 509 -

Ambajogai but the original is not available, however, the warrant was in

respect of activities against Nizam Government and the Zilla Gaurav Samiti is

convinced and recommended grant of pension.

The Member Secretary, of High Power Committee, however made an

endorsement that detailed report about the warrant be called. Thereafter in the

further note it is stated that the file was sent by the District Collector Beed

with report of the Zilla Gaurav Samiti. The applicant has produced copy of

warrant, which got verified from the original record by the Police Station

Ambajogai stating that original is available at Police Station Ambajogai which

contains name of the applicant and Zilla Gaurav Samiti is convinced about this

and has recommended the case for sanction. The said report of Police Station

Ambajogai is not in the file.

The freedom fighter was called by Mane Committee. He could neither

hear nor speak because of his old age and stated that his claim be considered

according to law.

In the affidavit filed before this Commission he has stated that he has

already filed necessary documents and he does not want to file any other

document.


Outward No. 270 dated 15 Bahman 1357 Fasli (15.12.1947). The alleged

original warrant is in the file received from the Collector Beed pertaining to

Patoda Tahasil. The signature on this warrant is entirely different from the

signatures found on the undisputed correspondence/office notes signed by the

same person i.e. Tahasildar of Patoda and it also is not at all tallying with

signature on the warrants contained in the file of police station Ambajogai,

Judicial Magistrate First Class Court, Gevrai and other the warrants containedin file of Tahasildar Patoda.


opinion. The general observations made in the separate part of this report on



24/232

- 510 -

The report dated 12.11.1997 of Tahasildar Patoda addressed to the

Collector Beed to the effect that out of 45 names given in the list name of 25

persons only are in the copy of warrant and other 20 names are not found

therein further strengthens doubt about genuineness of the warrant.

Thus the warrant not being genuine he is not entitled to the




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- 511 -


Smt. Subhadrabai Anna Binvade

The application for grant of pension was filed by Subhadrabai. She

claimed pension on the ground that her husband took part in the freedom

movement against the Nizam Government and an arrest warrant bearing File

No. 21/1357 outward No. 270 dated 15 Behman 1357 Fasli i.e. 15th December

1947 was issued by Tahasildar Patoda against Anna Dhondiba Binvade. Along

with her application she filed her own affidavit and affidavits of Dyanoba

Pandurang Binvade and Mahadev Genaji Bangar.

She produced Xerox copy of the aforesaid warrant and its Marathi

translation. The Xerox is a true copy of copy issued to one Sampatmal

Narayan Das of Patoda. About nine persons had filed application to the then

Member Secretary, Kevalchand Jain as their applications were pending for

quite long time and therefore the files of all those persons were clubbed

together and at present this file is kept with file No.61 of Bhagirathibai Maruti

Sanap.

As the application was pending for quiet long time she filed along with

Bhagirathibai petition No.3433/94 and directions were given for deciding her

case within four months.

Thereafter the matter was considered by the Zilla Gaurav Samiti.

During pendency of the petition the warrant was got verified from the

Tahasildar Patoda and in the meeting dated 3rd April 1995 the Zilla Gaurav

Samiti unanimously rejected her claim and the High Power Committee also

rejected her claim. A note was put up on the file that the claim be rejected as

she has not filed necessary documents.

Thereafter the Member Secretary, Advocate Rajabhau Zarkar made a

note in the file that after going through all the documents inquiry be made

through the District Collector, Beed and the applicant be informed by notice to

produce necessary documents and thereafter the matter be kept before the

High Power Committee, after placing it before the Zilla Gaurav Samitee.


26/232

- 512 -

Thereafter the High Power Committee also rejected her claim on the ground

that the Xerox copy of warrant could not verified as original was not available

in the office of Tahasildar Patoda as per the report submitted by the Collector.

Thereafter when she was informed about the rejection of her claim she filed

copy of warrant alleged to be issued by the Collector office in which it was

stated that name of her husband appeared in the warrant and therefore the

High power Committee granted pension to her.

On 25th September 1999 she filed copy purported to be certified by the

office of District Collector. The copy was certified by Record Keeper of

Collector Office and it was stated that the name of her husband was included

in the warrant and some of the persons whose names were in the warrant, were

already sanctioned pension by the Government and, therefore, note was placedbefore the High Power Committee for sanction of the pension to her and the

pension was sanctioned.

The Xerox copy of warrant on the basis of which pension was granted

is only a true copy certified by the Record Keeper of the Collector office.

She appeared before the Mane Committee and reiterated the facts,

which are already noted above. She has also filed affidavit before this

Commission wherein the facts stated are the same.







signature on the warrants contained in the file of police station Ambajogai,Judicial Magistrate First Class Court, Gevrai and other the warrants contained

in file of Tahasildar Patoda.





27/232

- 513 -









28/232

- 514 -


Shri Namdev Pandurang Adsul

His claim is based on warrant bearing file No. 7/1357 Fasli outward

No.407 2 Behman 1357 Fasli (i.e. 2nd December 1947) issued by Tahasildar

Patoda. The warrant was addressed to all Sub Inspectors and Courts in Beed

district. For verification of the warrant, the District Collector addressed letter

dated 3rd November 1997.

In application for grant of pension dated 2nd April 1990 he stated that

he worked underground and has filed copy of warrant. The copy filed by him

is a Xerox copy signed by Principal Arts College, Patoda. The Xerox copy

itself is a copy of true copy issued by Senior Police Inspector Ambajogai. Theverification was got done by the Collector through Police Superintendent

District , Beed and in his report to the Collector, Beed dated 3rd November

1997 Superintendent of Police informed that on verification of the warrant the

names mentioned in his report were found to have been in it which includes

the name of Namdev Pandurang Adsul. It is obvious from this report that the

verification was done from the copy itself, as even according to

Superintendent of Police the original record was not available with the police

station.

The Zilla Gaurav Samiti in its meeting dated 16th December 1997

stated that applicants name is in the warrant, the original record is not

available but the copy is as per the original record, it is not known, whether

fees was paid for obtaining copy, the warrant is connected with freedom

movement of Hyderabad movement and in the absence of original record the

copy cannot be relied upon, however, the Zilla Gaurav Samiti is satisfied

about the role of the applicant in the freedom movement and recommended

grant of pension. The Member Secretary, Additional Collector and one

Member Pandurang Waman Joshi differed, as the warrant was not verified.

Thereafter on 15th July 1998 the Additional Collector wrote to the

Deputy Secretary, GAD that since the original record is not available the copy

cannot be verified. There is also note that it is also not clear whether any fees


29/232

- 515 -

was paid for securing the copy. The freedom fighter does not comply with the

provisions of 4th July 1995 Government Resolution and the case is not fit for

recommendation.

The matter was placed before the High Power Committee. The High

Power Committee referred to the copy of warrant and stated that the warrant is

verified through the Superintendent of Police, by the Collector, although

original record is not available, copy is as per the original record. There is no

entry in the Station diary but entry is there in the outward register and name of

the freedom fighter in the warrant. Taking into consideration the report of the

Superintendent of Police and recommendation of Zilla Gaurav Samiti the case

is approved for grant of pension. One member however stated that there is no

verification of warrant dated 25th January 1999.

He was called before the Mane Committee where he stated that he

attended the meeting of Wamanrao Vaze and cut shindi trees and he will

produce certified copy of warrant, which he never produced. He however

produced Xerox copy attested by Head Master of Hutatma Vidyalaya. The

Xerox is itself taken from true copy signed by Police Sub Inspector

Ambajogai.

In the affidavit filed before this Commission he has made reference to

the same copy of warrant.


No.7/1357 F Outward No. 407 dated 2 Behman 1357 F (2.12.1947). The

alleged original warrant is in the file received from the Ambajogai Police

Station. The signature on this warrant is entirely different from the signatures

found on the undisputed correspondence/office notes signed by the same

Tahasildar of Patoda and it also is not at all tallying with signature on thewarrants received from the Judicial Magistrate First Class Court Gevrai and

warrant contained in file of Tahasildar Patoda.

It does not tally even with other warrants received from Ambajogai

Police Station. This is apparent to the naked eye and is confirmed by expert


30/232

- 516 -

opinion. The general observations made in the separate part on warrant cases

of this report apply Mutatis Mutandis to this case.





31/232

- 517 -


Shri Sundar Nivruti Sanap

In the application filed on 2nd March 1987 Respondent claimed

pension on the basis of warrant in file No. 21 1357 Fasli Outward No. 270 15

Behman 1357 (equivalent to 15th December 1947) issued by Tahasildar

Patoda. This warrant was addressed to Police Stations, Patoda and Manor.

The Xerox copy of warrant produced by him is itself a copy of one copy

issued to Sampadlal Narayan Das of Patoda. He has stated that he took part in

freedom movement and worked along with Shamrao Aba Khatal and Sahebrao

Ganapati Sanap at Vadzari and filed affidavits of Shamrao Aba Khatal and

Sahebrao Ganapati Sanap.

The District Collector wrote letter dated 27th August 1997 to the

Tahasildar Patoda for verification of warrant and in reply the Tahasildar stated

on 12th November 1997 that the original record is submitted to the Collector

office. He has received list of 45 persons and out of them names of 25 persons

are in the warrant (copy) the original record is not available and the

verification was done on the basis of Xerox copy received...

The Zilla Gaurav Samiti in its meeting held on 12th August 1998

stated that Tahasildar has given verification report of the warrant stating that

his name is included in the warrant but original record is not available and

copy cannot be relied upon and therefore the Zilla Gaurav Samiti cannot give

positive recommendation... However, after this the Chairman Babasaheb

Ganapati Bangar in his own hand wrote in black ink that copy of warrant was

in connection with freedom movement and many persons are granted pension

on the basis of copy of said warrant. However one Member P.V.Joshi made

remarks that it is improper.

The Additional Collector, Beed had written letter to the Deputy

Secretary on 18th August 1998 that the original record was not available still

the Zilla Gaurav Samiti has recommended his case. However in the absence

of original record case is not fit for grant of pension.


32/232

- 518 -

Before the High Power Committee note was put up that the copy of

warrant is produced but the District Collector has informed that original is not

available and no positive opinion can be given therefore the case should not be

sanctioned.

After which the Member Secretary, Rajabhau Zarkar, Advocate made

a remark on 31st October 1999 that the original warrant is sent to the

Tahasildar by District Collector and after the inquiry report the decision can be

taken.

After this the matter was again placed before the High Power

Committee with reference to the report of the Collector regarding verification

of the warrant.

The High Power Committee made reference to the petition filed in the

High Court and stated that original record was not available as informed by

the District Collector. However, copy of warrant is obtained on payment of

fees as mentioned in the Xerox produced by the concerned freedom fighter

and name of the Respondent appears in the warrant which is in connection

with the Hyderabad Movement and Zilla Gaurav Samiti has recommended for

pension. Thereafter the Member Secretary, Advocate, Rajabhau Zharkar

made endorsement on 9th July 1999 that the Xerox copy of warrant is certified

copy and there is report of the Tahasildar, therefore pension be sanctioned and

the pension was sanctioned.

He appeared before the Mane committee and his statement was

recorded. He stated that he stayed at Domri camp for nine months and was

underground and therefore warrant was issued against him. He was also

declared to be absconding by the Court. He has put thumb impression on the

application dated 2nd March 1991 and the said form was given to him bySahebrao Ganapati Sanap and was filed on his behalf by Sahebrao. He is not

aware what documents are filed with the application. He filed affidavit on

15th September 1997. He has not filed affidavit of any other freedom fighter.

In response to notice issued by this Commission he filed detailed

affidavit wherein he has not quoted anything worth noting.


33/232

- 519 -







signature on the warrants contained in the file of police station Ambajogai,

Judicial Magistrate First Class Court, Gevrai and other the warrants contained

in file of Tahasildar Patoda.












34/232

- 520 -


Shri Laxman Devrao Adsul

Laxman Devrao Adsul applied for pension on 2nd

April 1990 and

produced along with application Xerox copy of warrant issued by Tahasildar

Patoda in file No. 7/1357 Fasli outward No. 407 dated 2 Behman 1357 Fasli

that is 2nd

December. 1947. The copy filed is signed as true copy by the

Principal Arts College and the Xerox copy is true copy of copy issued by

Police Sub Inspector, Ambajogai.

In the meeting held on 16th December 1997 the Zilla Gaurav Samiti

observed that the copy of warrant issued cannot be relied upon in the absence

of availability, of report of verification from original, however, the Zilla

Gaurav Samiti is convinced that he had worked in the Hyderabad Freedom

Movement and therefore the Zilla Gaurav Samiti recommended his case,

wherein one of the Member Shri P.V.Joshi objected and remarked that original

warrant is not verified.

Thereafter the Collector wrote letter to the Deputy Secretary on the

15th July 1998 that the case is not fit for grant of pension as applicant does not

comply with the provisions of Government Resolution dated 4th July 1995

and warrant is also not verified from the original record. Thereafter the High

Power Committee granted application on 4th October 1999.

He appeared before the Mane Committee and did make a statement on

oath that he attended meeting in which there was firing and he ran away and

had hidden in some place and his age at that time may be of 15 or 16 years.

After issuance of notice by the Commission he filed application for

calling the record from Tahasildar Patoda and also filed a detailed affidavit.







35/232

- 521 -

Tahasildar of Patoda and it also is not at all tallying with signature on the

warrants received from the Judicial Magistrate First Class Court Gevrai and







Sanmanpatra and allied benefits which deserve to be and be cancelled



36/232

- 522 -

CASE FILE NO. 25 (RESPONDENT NO.25) (Warrant)

Smt. Radhabai Saheba Nagargoje

Saheba Aba Nagargoje deceased represented by wife Radhabai, filed

application for grant of pension on 17th

July 1989, on the basis of arrest

warrant which was issued as he was underground freedom fighter. Warrant

was issued by the Tahasildar Patoda in file No.121 outward No.217 2 Bahman

1357 Fasli that is 2nd

December 1947. Xerox copy of warrant produced by

him is not a certified copy. It is true copy of certified copy attested by

Executive Magistrate who had obviously no occasion to see either the original

or even the certified copy of which it is Xerox copy.

He had filed Petition No.4408/96 in the High Court wherein directions

were given to decide his application in particular period of time.

The Zilla Gaurav Samiti in its meeting dated 30th

November 1998

stated that the applicant Saheba Aba Nagargoje has filed copy of warrant

issued from the office of Tahasildar Patoda. However the original record is not

available as informed by Tahasildar Patoda. In the absence of original record

the warrant copy cannot be relied upon and Zilla Gaurav Samiti initially

refused to recommend his case. However there is addition to the note in hand

writing of the President Babasaheb Bangar that one person named in that

warrant Raosaheb Kokate is getting pension and therefore pension be

sanctioned to the Saheba Aba Nagagoje. One of the Member Mr. P.V.Joshi

made endorsement that original record of warrant was not available as stated

in the report of Tahasildar and copy cannot be relied upon.

The High Power Committee recommended his case on 2nd

July 1999 in

view of the note that the warrant was got verified by the District Collector,

Beed from Tahasildar Patoda. The Tahasildar mentioned in his report that acopy was issued according to rules on payment of fees as per the original

record but the original record has been sent to the District Collectors office

and the name of the applicant is in that warrant. This obviously was stated on

the basis of Xerox copy by the Tahasildar as original record was not in his

office.


37/232

- 523 -

Before the High Power Committee, Member Secretary made a note

that the claim was earlier rejected but since the name appeared in the warrant

as per the report of the Tahasildar the same be sanctioned.

Radhabai filed affidavit before this Commission that she has no

personal knowledge and she had also stated accordingly before the Mane

Committee.

The case depends on the reliability of warrant in file no. Nil Outward

No. 217 dated 2 Bahman 1357 Fasli (2.12.1947). The alleged original warrant

is in the file received from the Tahasildar Patoda deposited with the Collector

office Beed. The signature on this warrant is entirely different from the

signature found on the undisputed correspondence and office notes signed by

the same Tahasildar in the same file and it does not at all tallying with the

signature on warrants in the file of police station Ambajogai and Judicial

Magistrate First Class Court Gevrai received by the Commission. The

signatures also do not tally with the signatures on the other warrants in the

same file of Tahasildar, Patoda. The signature can be compared by any body

even if he not connected with Urdu.

The report of Tahasildar regarding warrant verification states that the

Xerox copy of the warrant sent to him in file no. Nil Outward No. 218 dated

12 Bahman 1357 Fasli (12th December 1947) contains names of 43 persons.

He has produced Xerox copies of two different warrants:-

(i) In File No. Nil Outward No. 217 dated 2nd

Bahman 1357 Fasli (

2.12.1947) containing 29 names

(ii) In File No. 10/11 Outward No. 100 dated 14th

Bahman 1357

Fasli (14.12.1947) containing 37 names.

This would mean that two different warrants were allegedly issued

against him and the Xerox copy of verification report of warrant relied upon

was in respect of a different warrant bearing Outward No.218 dated 12

Bahman 1357 Fasli (12.12.1947).


38/232

- 524 -

Thus the reliance placed by the President, Zilla Gaurav Samiti in his

note was totally baseless and unfounded and unconnected even with the copies

produced by him.

The Commission has found the position of signatures on the warrants

received from three different sources and even on other warrants received

from source as stated in the part of general reasons and the suspicion felt on

naked eye examination is confirmed by the opinion of the handwriting expert.

When the so called original warrants received from all three different

sources are found to be unreliable and even forged, there is no question of

relying on copy when verification report is of different warrant and he is also

not sure which is the copy of warrant issued against him.

The reasons stated in the general reasons part are required to be

considered and in addition above facts create further suspicion in the

reliability as to whether in fact warrant of arrest was issued against him at all.

The Sanmanpatra and allied benefits granted to him deserved to be and

be cancelled forthwith.


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Shri Shankar Padaji Rakh

He applied for grant of pension on the basis of arrest warrant alleged to

have been issued by the Tahasildar Patoda in file no.205 of 1357 Fasli outward

No. 209 dated 24 Isfander 1357 i.e. 24th

January 1948. He has produced a true

copy of warrant issued by Assistant Superintendent of the Court of Civil Judge

Jr.Dn., Gevrai. In the affidavit filed in support of the application he has stated

to have worked in the Hyderabad Freedom Movement as congress worker and

he was involved in the activities of attack on police out post, burning of

Karodgiri Naka etc.

He was issued a notice on 29th

January 1996 to comply with the

requirements of shortcoming in his application.

Thereafter he filed affidavit on 27th

August 1997 stating that he worked

as underground freedom fighter under Wamanrao Vaze, Ramling Swami,

Raosaheb Patwardhan, Narharirao Vakil, Ashti Suwalal Marwadi, Kishan

Dasrath Bangar and others. He has, however not stated that he was required to

live away from house or beaten by the police in any incident.

He has filed affidavits of Bhimrao Umaji Bangar and Gyanoba Jijaba

Bangar, however, it is not stated in their affidavits that they were convicted

and sentenced.

The Zilla Gaurav Samiti in its meeting held on 29th June 1999 stated

that warrants No. 201, 202, 203, 204, 205 and 617 of 1357 Fasli were not

available in the record. The Tahasildar Patoda has also informed that the

original record is not available and in the absence of availability of original

record the copy of warrant cannot be relied upon. However, the Zilla Gaurav

Samiti is satisfied that he had taken part in the Hyderabad Freedom Movement

against Nizam and therefore pension be granted to him and the High Power

Committee made a reference to warrant No.205 of which copy was not on

record and stated that recommendation of the Zilla Gaurav Samiti is accepted.

However, one of the Members mentioned that in the verification list name of


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the applicant does not appear. Pension was sanctioned by the High Power

Committee on 7th

February 2000.

In the statement before Mane Committee he has stated on oath that he

has not applied for grant of pension and at the time of Hyderabad Movement

he was aged 16 and was moving with a tri-colour flag along with many of the

members, no arrest warrant issued against him, he was not in the jail, he

stayed at different placed for six to seven months. He could not produce any

document before Mane Committee.

He filed affidavit before this commission stating in subsistence that his

pension has been sanctioned after due verification of the record and

documents produced therein.

The original warrant bearing file No. --- Outward No. 205 dated 24

Isfander 1357 Fasli (24.1.1948) is in the warrants received from the Judicial

Magistrate First Class Court, Gevrai. The signature on this warrant is only like

initial and is entirely different from the signature found on undisputed

correspondence/office notes signed by the same person i.e. Tahasildar Patoda

and also is not at all tallying with the signature on warrants in the file of police

station Ambajogai, Patoda Tahasil and even other warrants received from

Judicial Magistrate First Class Court, Gevrai.


opinion. The general observations made in separate part of this report on


The Commission received in all 29 warrants from the three different

sources i.e. Patoda Tahasil (15 warrants), Ambajogai Police Station (8

warrants) and Judicial Magistrate First Class Court, Gevrai (6 warrants) but

the warrant bearing File No. 205/1357 F Outward No. 209 dated 24 Isfander

1357 Fasli (24.1.1948), copy whereof is produced and relied upon in this case

is not amongst those 29 warrants. When all 29 warrants received are found to

be forged and false by the Commission as discussed in separate part of this

report on warrant cases for reasons given there under how can copy of


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warrant, original whereof is not in existence can be believed to be genuine and

true.

Thus the warrants not being reliable he is not entitled to the




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Shri Ramkisan Sahu Adsul

Ramkisan Sahu Adsul applied for pension on 9th

November 1989 on

the basis of warrant issued by the Tahasildar Patoda in file No. 7/1357 Fasli

bearing outward No. 407 dated 2 Behman 1357 Fasli i.e. 2nd

December 1948.

Along with application he produced Xerox copy of warrant signed as true

copy of by the Medical Officer. The translation in English of the said warrant

is also filed wherein his name is mentioned as Ramkisan Sahu, Maratha.

The Zilla Gaurav Samiti in its meeting dated 16th December 1997

stated that original record of the warrant is not available at the police station

but the copy is from the original although it is not known whether any fees

was paid for securing copy. It is further observed that in the absence of

original record the copy cannot be relied upon, but the Zilla Gaurav Samiti is

convinced that he worked in the Hyderabad Freedom Movement and grant of

pension was recommended.

The Additional Collector Beed in his letter dated 15th July 1998 wrote

to the Deputy Secretary that the applicant does not comply with the conditions

of 4th July 1995 Government Resolution and the case is not fit for grant of

pension.

Thereafter the High Power committee sanctioned the pension on 24th

February 2000 in view of the note that the warrant produced by him is

verified, although original record is not available, the copy is issued from the

original record and there is entry in the Station Dairy and the Zilla Gaurav

Samiti has recommended his case.

In his statement before Mane Committee he stated that he had attended

the meeting wherein Vamanrao Vaze was to give lecture. Police came and

therefore he ran away. He had cut two shindi trees and he was hiding in the

house of the Marwadi for about one month. He further stated that he had not

done any activity against Nizam Government except those earlier stated in the

affidavit and warrant was issued against him. He does not know who was


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head of the Group, in which he was working. Warrant was issued against him

from Ambajogai police station.

After the Commission issued a notice, he filed affidavit. However,

nothing new is stated in the said affidavit and he produced English and

Marathi translation of the warrant.

















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CASE FILE NO. 31 (RESPONDENT NO. 31)

Ginyandev Shamrao Adsul (deceased) represented by wife Smt.

Yamunabai Ginyandev Adsul

Ginyandev Shamrao Adsul filed application for pension on 9.11.1989

of on the basis of arrest warrant issued by the Tahasildar Patoda in file No.

7/1357 Fasli bearing outward No. 407 dated 2 Bahman 1357 Fasli i.e. 2nd

December 1947 The Xerox copy of warrant is true copy issued by Ambajogai

Police Inspector and the Xerox copy is signed as true copy by the Medical

Officer.

On 12.12.1996 notice was issued to him probably in view of the

Government Resolution dated 4th July 1995.

He again filed similar copy of warrant signed by the Special Executive

Magistrate, as true copy.

He filed one more application on 18.01.1990 in form No.A, claiming

pension on the basis of arrest warrant issued against him and claimed to have

worked as underground freedom fighter and has produced the Xerox copy of

the same warrant which appears to be a Xerox copy of a true copy of copy

issued by Patoda Court.

The warrant was got verified by the District Collector from PoliceStation and in his letter dated 3.11.1997 Police Inspector stated that on

verification, of the Urdu warrant the name similar to that of the applicant

appeared, Ginyandev Shamrao Adsul. He has further stated that original

record is not available with the police station and it is therefore clear that

verification was done on the basis of the copy sent by the Collector.

He filed affidavit on 24.12.1997 stating certain activities done by him

as underground freedom fighter. He has, however, not stated that he had to

leave his house, or/and was beaten by the police.

The Zilla Gaurav Samiti in its meeting held on 18.12.1997 stated that

in the absence of original record the copy of warrant cannot be relied upon,

The Collector, Beed by his letter dated 15.07.1998 wrote to Deputy

Secretary that the applicant has not complied with the requirements of 4th July

1995 Government Resolution and case is not fit for grant of pension.


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The High Power Committee after accepting that the original record of

the warrant was not available and stated that there was entry in the Outward

Register and his name appears in the warrant (copy) and Zilla Gaurav Samiti

has recommended his case and therefore accepted the recommendation and

sanctioned pension on 4.10.1999.

He was called by Mane Committee on 27.03.2003 by which time he

was no more and his wife appeared and filed Xerox copy of the warrant.

His wife sent application to this Commission for calling original record

from Tahasildar Patoda and also filed affidavit. However, she is not

personally aware of the activities of her deceased husband.


No.7/1357 F Outward No. 407 dated 2 Behman 1357 F (2.12.1947). Thealleged original warrant is in the file received from the Ambajogai Police














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CASE FILE NO. 32 (RESPONDENT NO. 32)

Buvaji Dagadu Gaikwad (deceased) represented by wife Smt. Mathurabai

Boovaji Gaikwad.

Buvaji Dagadu Gaikwad filed application on 3.8.1989 for freedom

fighter pension on the basis of arrest warrant issued by the Tahasildar Patoda

in file No. 21/1 bearing confidential outward No. 617 dated 17 Thir 1357

Fasli i.e. 17th

May 1948.

The application in fact has been filed by his wife after his death.

Although she has filed affidavit obviously she does not know anything

personally about the activities of her husband and the reliance is placed on the

arrest warrant issued by Tahasildar Patoda. The Xerox copy produced is a

copy signed as true copy by Assistant Superintendent of Civil Court, Gevrai.

The Zilla Gaurav Samiti in its meeting held on 8.10.1998 referred to

the fact that the copy is issued from the Civil Court Gevrai and was got

verified from the Civil Court Gevrai and Civil Judge Gevrai. However in his

letter dated 10.8.1998 the Civil Judge stated that original record is not

available and therefore the Zilla Gaurav Samiti stated that the copy produced

cannot be relied upon and as such the Zilla Gaurav Samiti cannot give positive

opinion. After this the Chairman added in his own handwriting that warrant is

verified and it is in connection with Hyderabad freedom movement against

Nizam and pension is recommended. One of the members P.V.Joshi has stated

that this is incorrect and recorded his objection.

The Additional Collector, Beed in his letter addressed to the Section

officer noted the applicant does not comply with the requirement of dated 4th

July 1995 Government Resolution and the case is not fit for grant of pension.

Thereafter the High Power Committee observed that since name of

applicant appears in the warrant, the case is fit for sanction. The High Power

Committee also noted that original record was not available and sanctioned

pension on 29.1.2000.


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In response to notice issued by the Commission she filed affidavit but

it is not necessary to refer to it as she has no personal knowledge. She

produced Xerox copy of warrant as produced earlier. It is signed by Notary as

true copy which is obviously signed having before given the original.

The case depends entirely on the

justice ab palkar commission of inquiry report volume iii

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