Sayed Sadik Ali vs The State Of Madhya Pradesh
2021 Latest Caselaw 9112 MP

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                                     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                         W.P. No.28349/2021
                                        Sayed Sadik Ali S/o Jafar Ali Vs. State of M.P. & Others

                                Indore, Dated:- 22/12/2021

                                        Shri Mohammad Iqbal Khan, learned counsel for the petitioner.

                                        Shri     Amay           Bajaj,        learned     Panel    Lawyer          for   the

                                respondent/State.

1. The petitioner before this Court has filed this present

petition stating that he was appointed as Assistant Sub

Inspector (M) in the police department on 09.04.1984 and he

has attained the age of super annuation on 31.12.2021

(sought voluntary retirement). The petitioner's grievance is

that after retirement, the respondents have effected recovery,

which is as under:-

(1) Rs.9,52,386/- and interest on this amount is Rs.7,44,624/- total Rs.16,03,340/-.

2. Learned counsel has argued before this Court that in

similar circumstances, a large number of writ petitions have

allowed by this Court and the interest component has been

quashed keeping in view the judgment delivered by the

Division Bench in W.A. No.120/2008 (State of Madhya

Pradesh and others Vs. Rajendra Bhawsar) decided on

06.08.2018.

3. The aforesaid judgment has not been disputed by the

Signature Not Verified SAN learned government advocate and in the aforesaid case the Digitally signed by NEERAJ SARVATE Date: 2021.12.23 11:03:11 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE W.P. No.28349/2021 Sayed Sadik Ali S/o Jafar Ali Vs. State of M.P. & Others

interest component was quashed by the learned Single Judge,

which has been affirmed by the Division Bench in similar

circumstances.

4. Resultantly, after hearing the learned Government

Advocate and after going through the record, the present Writ

Petition is partly allowed. The recovery against the petitioner is

upheld, however, the interest component is hereby quashed.

The interest component recovered from the petitioner be

refunded back to the petitioner within a period of 30 days

from the date of receipt of certified copy of this order.

5. With the aforesaid, present petition stands partly

allowed.

Certified copy as per rules.

(PRANAY VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.23 11:03:11 IST