Madhya Pradesh High Court
Dr. Gopal Das Gupta vs The State Of Madhya Pradesh on 9 July, 2022
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 9th OF JULY, 2022
WRIT PETITION No. 15344 of 2022
Between:-
DR. GOPAL DAS GUPTA S/O LATE SHRI
VALLABH DAS GUPTA , AGED ABOUT 63 YEARS,
OCCUPATION: SERVICE HOLKAR SCIENCE
COLLEGE, INDORE INDORE 729, SUDAMA
NAGAR. INDORE. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI L.C. PATNE, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY VALLABH
BHAWAN BHOPAL M.P. (MADHYA PRADESH)
2. COMMISSIONER OF HIGHER EDUCATION
SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
3. PRINCIPAL GOVERNMENT HOLKAR SCIENCE
COLLEGE, A.B. ROAD (MADHYA PRADESH)
4. JOINT DIRECTOR TREASURY AND ACCOUNTS
INDORE DIVISION, MAHARAJA COMPLEX,
KOTHARI MARKET (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BHUWAN DESHMUKH, G.A.)
This petition coming on for admission/orders this day, the court passed
the following:
ORDER
With consent, heard finally.
Signature Not Verified
SAN
Learned counsel for the petitioner submits that the present case is
Digitally signed by KHEMRAJ JOSHI
Date: 2022.07.09 17:49:37 IST
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 27.06.2020, W.P. No.12829/2020 (Krishnpal Singh Chouhan v/s
The State of 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 mentioned by Shri Patne.
Accordingly, the impugned order 23/06/2022 (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.
Signature Not Verified
SAN
The writ petition is allowed to the extent indicated above.
Digitally signed by KHEMRAJ JOSHI
Date: 2022.07.09 17:49:37 IST
(SUBODH ABHYANKAR)
JUDGE
krjoshi
Signature Not Verified
SAN
Digitally signed by KHEMRAJ JOSHI
Date: 2022.07.09 17:49:37 IST
