Ashok Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2761 MP

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                                                               WP No.11028/2021

          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
                   Writ Petition No.11028/2021
                          (Ashok Singh s/o Keshav Singh
                                      Versus
                       The State of Madhya Pradesh & others)
Indore, Dated 28.06.2021
       Shri Dharmendra Khanchandani, learned counsel for the

petitioner.

       Shri Chetan Jain, learned Panel Lawyer for the respondent / State

of Madhya Pradesh, on advance notice.

       Heard finally with the consent of the parties.

                                 ORDER

By this writ petition under Article 226 of the Constitution of

India, the petitioner has challenged the order dated 05.06.2021

(Annexure P/1) whereby, recovery of excess payment along with

interest has been directed.

2. The case of the petitioner in nutshell is that he is serving as Head

Constable, Department of Home (Police) and certain emoluments were

paid in excess, therefore, the recovery has been directed.

3. When the matter is taken up today, learned counsel appearing for

the petitioner has submitted that the respondents are not entitled to

recover the interest amount on the excess payment made and that some

installment be fixed for recovery of the amount.

4. In support of his submission, he has placed reliance on order of

the Co-ordinate Bench of this Court dated 13.09.2017 passed in Writ

Petition No.826/2017 in the case of Rajendra Bhawsar v The State

WP No.11028/2021

of Madhya Pradesh & Others. Reliance has also been placed on the

order of the Division Bench dated 06.08.2018 passed in Writ Appeal

No.120/2018 in the case of The State of Madhya Pradesh & Another

v. Rajendra Bhawsar and it has been pointed out that the order of the

Single Bench was affirmed by the Division Bench.

5. Learned counsel for the respondent / State has opposed the

petition but has not disputed that in the identical circumstances, the

recovery of the interest amount has been set aside and installments have

been fixed.

6. Having regard to the order which has been passed by the Co-

ordinate Bench in the case of Rajendra Bhawsar (supra) as also the

Division Bench order, I am of the opinion that the respondents are

entitled to recover only the principal amount in pursuance to the

impugned order dated 05.06.2021 (Annexure P/1).

7. Since the excess payment was made to the petitioner for none of

his fault, the respondents, in view of the above judgments, are not

entitled to recover the interest part.

8. Hence, the petition is partly allowed by permitting the

respondents to recover the principal amount in pursuance to the

impugned order dated 05.06.2021 (Annexure P/1) in 12 (twelve) equal

monthly installments. Recovery of interest amount is set aside.

(Subodh Abhyankar) Judge Pithawe RC

RAMESH CHANDRA PITHWE 2021.06.30 11:45:10 +05'30'