Dhan Signh Umrethiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 260 MP

                                                                      1                                WP-28681-2021
                                         The High Court Of Madhya Pradesh
                                                  WP No. 28681 of 2021
                                         (DHAN SIGNH UMRETHIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                Indore, Dated : 05-01-2022
                                        Shri Mohammed Iqbal Khan, learned counsel for the petitioner .

                                        Shri Ranjeet Sen, learned counsel for the respondent/State.

The petitioner before this Court has filed this present petition stating that he was appointed as Assistant Sub Inspector (Ministerial) in the Police Department on 18.12.1983 and he has sought voluntary retirement which came into effect on 31.10.2021.

The petitioner's grievance is that after retirement, the respondents have effected recovery, which is Rs.4,15,178/- and interest on this amount is Rs.3,49,082/-; total amount being Rs.7,64,260/-.

Learned counsel has argued before this Court that in similar circumstances, a large number of writ petitions have been allowed by this Court and the interest component has been quashed keeping in view the judgment delivered by the Division Bench in W.A. No.120/2008 (State of Madhya Pradesh and others Vs. Rajendra Bhawsar) decided on 06.08.2018.

The aforesaid judgment has not been disputed by the learned counsel for the respondent/State and in the aforesaid case the interest component was quashed by the

learned Single Judge, which has been affirmed by the Division Bench in similar circumstances.

Resultantly, after hearing the learned counsel for the respondent/State and after going through the record, the present writ petition is partly allowed. The recovery against the petitioner is upheld, however, the interest component is hereby quashed. The interest component recovered from the petitioner be refunded back to the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

With the aforesaid, present petition stands partly allowed.

(PRANAY VERMA) JUDGE

jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.01.06 11:15:57 IST