Syed Mushtaq Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 1312 MP

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                                                 The High Court Of Madhya Pradesh
                                                           WP No. 706 of 2022
                                                    (SYED MUSHTAQ ALI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       Indore, Dated : 28-01-2022
                                                Heard through Video Conferencing.

                                                Shri L.C.Patne, learned counsel for the petitioner.
                                                Shri Chetan Jain, learned P.L. for the respondent/State.

The petitioner before this Court has filed this present petition being aggrieved by the action of the respondents by which recovery of a sum of Rs. 1,05,198/- over and above the principle amount of Rs. 2,17,304/- which

has already been recovered from the petitioner'€™s monthly salary has been directed.

The petitioner's contention is that an order of recovery was issued against the petitioner directing recovery. Now the respondents are recovering the interest also on excess amount paid to the petitioner.

Learned counsel for the petitioner has drawn the attention of this Court towards the judgment delivered in the case of Rajendra Bhawsar V/s The State of Madhya Pradesh & Others (W.P. No.826/2017) and the co- ordinate Bench of this Court has quashed the recovery in respect of the

interest component only.

A Writ Appeal was also preferred in the matter i.e. W.A. No.120/2018 (The State of Madhya Pradesh & Others v/s Rajendra Bhawsar) and the Division Bench of this Court has upheld the judgment delivered by the learned Single Judge, meaning thereby, the recovery in respect of the interest component has been quashed.

Learned P.L. for the respondents/State has not disputed the aforesaid facts.

This Court, after hearing learned counsel for the parties is of the considered opinion that the present writ petition deserves to be allowed and is accordingly, partly allowed. The respondents shall be free to recover the Signature Not Verified SAN principal amount. It is further made clear that there will be no recovery in

Digitally signed by LALIT SINGH RANA Date: 2022.01.28 17:04:28 IST

respect of the interest component. In case, the petitioner attains the age of superannuation, the respondents shall be free to recover the amount from his terminal dues.

With the aforesaid, the present Writ Petition stands partly allowed.

(PRANAY VERMA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2022.01.28 17:04:28 IST