Om Prakash Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1967 MP

        HIGH COURT OF MADHYA PRADESH;
                      JABALPUR
                   W.P. No.8892/2021
   (Om Prakash Singh Vs. State of Madhya Pradesh & Ors.)
                                 (1)

Jabalpur, dated :13.05.2021

      Heard through Video Conferencing.

      Shri Ajeet Kumar Singh, Advocate for the petitioner.

      Shri Dharmendra Kumar Kaurav, Panel Lawyer for the

respondents/State.

I.A. No.4531/2021, an application for urgent hearing during

summer vacation is considered and allowed.

Heard on the question of admission and interim relief.

In this petition under Article 226 of the Constitution of India,

the petitioner has assailed the legality, validity and propriety of

impugned order dated 16.04.2021 passed by respondent No.4,

whereby recovery of an amount of Rs.33,79,590/- from the salary of

the petitioner has been directed and the same has to be recovered

within a period of two years.

Learned counsel for the petitioner submits that the aforesaid

recovery has been ordered on the ground that the fixation of pay has

been wrongly done. Learned counsel for the petitioner submits that

without issuance of any show cause notice or without giving any

opportunity of hearing, the impugned order has been passed, which

is in violation of the Apex Court's judgment in the case of State of

Punjab & Ors. Vs. Rafiq Masih as reported in (2015) 4 SCC 344.

Learned counsel further submitted that no misrepresentation on his

part has been alleged nor any undertaking has been given by the

petitioner. He further submits that the representation (Annexure P/3) HIGH COURT OF MADHYA PRADESH;

JABALPUR W.P. No.8892/2021 (Om Prakash Singh Vs. State of Madhya Pradesh & Ors.)

has already been filed before the competent authority but no decision

whatsoever has been taken till date.

On the other hand, learned Panel Lawyer opposed the prayer

and submitted that instead of issuing notice, it would be appropriate

to direct the respondents/authorities to decide the pending

representation in accordance with law.

Taking into consideration the totality of the facts and

circumstances of the case, the petitioner is directed to file a fresh

detailed representation alongwith the documents, if any, to the

competent authority i.e. respondent No.3 within a period of 15 days

from today. If such representation is filed within the aforesaid

period, the respondent No.3 is directed to decide the same in

accordance with law as expeditiously as possible preferably within a

period of six weeks thereafter and pass a reasoned and speaking

order. The decision be communicated to the petitioner forthwith. Till

the representation is decided, the recovery order dated 16.04.2021

(Annexure P/1) shall remain stayed.

It is made clear that this Court has not expressed any opinion

on the merits of the case.

With the aforesaid directions, present petition stands disposed

of.

(S.A.Dharmadhikari) Vacation Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.05.13 19:27:20 +05'30'