GAUTAM ARYA 20 August 2018

Wards of freedom fighters fighters in bihar

Can the Wards (Grandson/Grandson) of the Freedom Fighters be denied the issuance of Identity Card(Parichay Patra) and Certificate(Praman Patra) which are used for seeking Reservation Benefits of 2% in Govt. Jobs, by the District Magistrate(The Prescribed Authority) on the ground that an F.I.R/False F.I.R/Chargesheet/Case is pending against the Application? Please answer the question supported by Case Laws or any Govt order .

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6 Replies

P. Venu (Advocate) 20 August 2018

What are the facts? What is the real issue?

Dr J C Vashista (Advocate) 21 August 2018

Consult a local lawyer for better appreciation of facts, analyse and guidence.

GAUTAM ARYA 28 August 2018

Dear Sir,

One of my brothers have filed an application for issuance of Identity Card and Certificate (which is issued to the wards of Freedom fighter, namely, grandson/granddaughter) before District Magistrate in Bihar . District Magistrate is the issuing authority and in this process, police verification of the Character and Criminal Background is also done by the Police station. One of the false F.I.R was filed in a family dispute by my neighbour against my brother. So, my question is can merely filing of F.I.R, that too, a false F.I.R, where no chargesheet is filed, be a ground to consider him of criminal character by the Police Office and based on this police report, can he be denied the identity card and certificate by the DM. To be specific, can merely filing of an F.I.R or pendency of a case be the ground to declare a person of criminal character and bad character so as to render him ineligible for issuance of Identity Card of the wards of freedom fighter?

P. Venu (Advocate) 28 August 2018

What is the present status of the application filed by your brother? you may ascertain the position through RTI.

GAUTAM ARYA 29 August 2018

It is pending at the Block Development Officer's Office. It has not yet been sent to the Concerned Police Station for Verification. As per the Home Department(Special) Circular, issued by the Govt of Bihar, such Identity Card as well as the Cerificate can be issued to the Wards (Grand Son/Grand Daughter) of Freedom Fighters, only after verification by the Police. Now, my query is Character specific.Only because that an F.I.R. is pending ihe Police Station and that too, it is a false case and no chargesheet has been filed and apart, there has been no criminal case against him prior to this False F.I.R, can policy consider him a person of CRIMINAL CHARACTER/BAD CAHARCTER and then based on this, Can DM deny him the issuance of Identity Card as well as Certifcate.

Hope you understood my query. Please respond to this ...