Shri Shiv Prasad Paul vs Sub Divisional Officer
2021 Latest Caselaw 7406 MP

                                           1                                    WP-24332-2021
        The High Court Of Madhya Pradesh
                 WP No. 24332 of 2021
              (SHRI SHIV PRASAD PAUL Vs SUB DIVISIONAL OFFICER AND OTHERS)

1
Jabalpur, Dated : 15-11-2021
       Shri Atul Nema, learned counsel for the petitioner.
       Shri Akshit Sehgal, learned panel lawyer for the respondents/State.

The petitioner has filed this petition seeking the following relief(s) :-

"7.1. An appropriate writ or order or direction may please be issue for quashing the order dated 08.06.2021 passed by respondent

No.1 wherein the excess payment of Rs.5,600/- and interest thereon of Rs.1,16,781/- has been recovered from retiral dues of the petitioner, in the interest of justice.

7.2. An appropriate writ or order or direction may please be issued for commanding the respondent No.1 to refund the amount of Rs.1,16,781/- which has been recovered in the head of interest on the principal amount of Rs.5,600/- in the interest of justice.

7.3. An appropriate writ or order of direction may please be issued to call the entire record and details in respect of the petitioner and particularly record during the period of 01.03.08 to 28.02.21

may be summoned in the interest of justice.

7.4. Any other relief in the facts and circumstances in the present case may also be granted by this Hon'ble Court in the interest of justice."

It is pointed out that the principal amount of recovery was Rs.5,600/- as is reflected from Annexure P-1, dated 08.06.2021 and the interest amount has been calculated on Rs.5,600/- which comes to Rs.1,16,781/-. It is submitted that the controversy with respect to recovery of interest from the employee is settled by this Court in the case of State of M.P. and another Vs. Rajendra Bhawsar (W.A.No.120/2018). It is pointed out that they have already recovered the amount from the petitioner but looking to the Division Bench judgment, the interest amount should be refunded back to the petitioner.

2 WP-24332-2021 Considering the facts and circumstances of the case, this petition is disposed of directing the petitioner to file a fresh representation to the respondent No.1 along with all the relevant documents and copy of the judgment passed by the Division Bench of this Court in the case of Rajendra Bhawsar (supra); and in turn the respondent No.1 is directed to

look into the same and decide the same within a period of 30 days. If the principal amount is to be recovered is Rs.5,600/-, then the interest amount which is recovered by the Authorities be refunded back to the petitioner within a period of 45 days from the date of receipt of certified copy of this order.

With the aforesaid observations, this petition is disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

AM

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.17 10:01:54 +05'30'