Madhya Pradesh High Court

WP/9176/2023 of MALKHAN SINGH Vs THE STATE OF MADHYA PRADESH DEPARTMENT OF HOME on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIAON THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 9176 of 2023

BETWEEN:-

MALKHAN SINGH S/O RAN SAJIVAN BHADORIYA, AGE:63 YEARS, OCCUPATION: RETIRED, ADDRESS: 173,TAPESHWARI BAGH, INDORE, DISTRICT INDORE(MADHYA PRADESH)

(BY SHRI PRATAP SINGH CHAUHAN - ADVOCATE.)

.....PETITIONER

AND

1.THE STATE OF MADHYA PRADESH, THROUGHTHE PRINCIPAL SECRETARY TO THEGOVERNMENT OF MADHYA PRADESH,DEPARTMENT OF HOME (POLICE), VALLABHBHAWAN, MANTRALAYA, BHOPAL, DISTRICTBHOPAL. (MADHYA PRADESH)THE PRINCIPAL SECRETARY TO THEGOVERNMENT OF MADHYA PRADESH,DEPARTMENT OF HOME (POLICE), VALLABHBHAWAN, MANTRALAYA, BHOPAL, DISTRICTBHOPAL. (MADHYA PRADESH)

2.THE DIRECTORATE OF GENERAL OF POLICE,POLICE HEADQUARTERS, JAHAGIRABAD,BHOPAL (MADHYA PRADESH)POLICE HEADQUARTERS, JAHAGIRABAD,BHOPAL (MADHYA PRADESH)

3.THE SUPERINTENDENT OF POLICE,(HEADQUARTERS) DISTRICT INDORE, RANISARAI, R.N.T. ROAD, INDORE (MADHYAPRADESH)(HEADQUARTERS) DISTRICT INDORE, RANISARAI, R.N.T. ROAD, INDORE (MADHYAPRADESH)

4.THE DIVISIONAL PENSION OFFICER, INDOREDIVISION, COLLECTORATE CAMPUS, MOTITABELA, INDORE (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SUDHANSHU VYAS - ADVOCATE APPEARING ON BEHALF OF

ADVOCATE GENERAL.)

This petition coming on for admission this day, the court passed the

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ORDER

T h e petitioner has filed this present petition under Article 226 ofConstitution of India challenging order dated 05.09.2022 (Annexure P/1)whereby, respondent No.3 has directed to recover an amount of Rs.4,17,209/-(rupees four lakhs seventeen thousand two hundred nine only) on account ofexcess payment made to him along with interest thereon to the rune ofRs.86,061/- (rupees eighty six thousand sixty one only), in total Rs.5,03,270/-(rupees five lakhs three thousand two hundred seventy only) from his retiraldues.

2. Learned counsel for the petitioner has submitted that he is not assailingthe recovery of the principal amount, i.e. Rs.4,17,209/- (rupees four lakhsseventeen thousand two hundred nine only), but he is challenging only therecovery of interest part, because he was not informed about such recovery,during his entire service career, otherwise he would have returned the same.

3. In support of his submissions, learned counsel for the petitioner has reliedupon the order passed by a Coordinate Bench of this Court in the case ofRajendra Bhawsarv. State of Madhya Pradesh and others(Writ PetitionNo.826 of 2017) vide order dated 13.09.2017. Thus, it is submitted that theaforesaid order would also be applicable in the present case also.

4. Learned counsel for the respondent - State, on the other hand, hasopposed the prayer, however, it is not denied that the order of the Writ Courtpassed in the case of Rajendra Bhawsar (supra) has been challenged by theState of Madhya Pradesh before the Division Bench in Writ Appeal No.120/2018 which was dismissed on 06.08.2018.

5. It is not disputed that in the wrong fixation of pay, the petitioner was notresponsible. The excess payment made to the petitioner can be recovered, but the interest part cannot be recovered, as he was not responsible.

6. Having regard to the submissions made by the learned counsel for theparties, the present petition stands allowed and it is directed that the decisionrendered in the case of Rajendra Bhawsar (supra) will apply mutatis mutandisin the present case also.

7. In view of the above, the impugned order, so far as it relates to recoveryof interest amount, is hereby quashed. The respondents are directed to refundthe amount of interest (if already recovered) within a period of sixty days fromthe date of receipt of certified copy of this order.

With the aforesaid, this petition stands disposed of.

Certified copy, as per rules.

rcp

(VIVEK RUSIA)JUDGE

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