Vinay Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1988 MP

                                                                               1
                                                 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                             BEFORE
                                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                    ON THE 14th OF FEBRUARY, 2022

                                                                WRIT PETITION No. 2985 of 2022

                                                    Between:-
                                                    VINAY KUMAR S/O LATE RADHESHYAM SHARMA,
                                                    AGED ABOUT 61 YEARS, OCCUPATION: HEAD
                                                    CONSTABLE MIG-179, MAHASHAKTI NAGAR
                                                    (MADHYA PRADESH)

                                                                                                             .....PETITIONER
                                                    (BY SHRI YASH TIWARI, ADVOCATE )

                                                    AND

                                            1.      THE STATE OF MADHYA PRADESH PRINCIPAL
                                                    SECRETARY   VALLABH  BHAWAN   BHOPAL
                                                    (MADHYA PRADESH)

                                            2.      SUPERINTENDENT OF POLICE UJJAIN (MADHYA
                                                    PRADESH)

                                                                                                          .....RESPONDENTS
                                                    (BY SHRI VALMIK SHAKARGAYEN, PANEL LAWYER )
                                                                  (Heard through Video Conferencing)
                                                  This petition coming on for orders this day, the court passed the following:
                                                                                ORDER

Learned counsel for the petitioner submits that the present case is covered

by the judgment dated 14.6.2021 passed by the Coordinate Bench of this Court in the case of B.S. Tripathi vs. State of M.P. & Ors. in W.P.No.10168 of 2021.

Learned counsel for the petitioner submits that the respondents decided to recover some amount along with the interest arising out of the said amount. The recovery of the interest part has been interfered with by this Court in various judgments including W.P. No.826/2017 (Rajendra Bhawsar v/s The State of Madhya Pradesh & Others) decided on 13.09.2017, W.P. No.26972/2019 ( Smt. Sobha Jadhav v/s The State of Madhay Pradesh & Others) decided on 11.12.2019, W.P. No.15132/2020 ( Dinesh Nema v/s The State of Madhya Pradesh & Others) decided on 07.10.2020, Writ Petition No.8902/2020 (Mishrilal Yadav v/s The State of Madhya Pradesh & Others) decided on Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.02.14 27.06.2020, W.P. No.12829/2020 ( Krishnpal Singh Chouhan v/s The State of 17:13:05 IST

Madhya Pradesh & Others) decided on 03.09.2020 and W.P. No.11497/2020

(Manohar Joshi v/s The State of Madhya Pradesh & Others) decided on 18.08.2020. Since this matter is similar, the impugned order to the extent interest is sought to be recovered may be set aside.

Learned Government Advocate for the respondents / State opposed the

prayer but did not dispute that the point involved in the present case is squarely covered by aforesaid orders.

Accordingly, the impugned order 28.1.2021 (Annexure-P/1) to the extent recovery is made of interest component is set aside. If any recovery of interest has been made, the same shall be returned to the petitioner within three months from the date of production of copy of this order.

The writ petition is allowed to the extent indicated above.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified VerifiedDigitally Digitally signed by SAN VARGHESE MATHEW Date: 2022.02.14 17:13:05 IST