Ashok Shrivastav vs Home Department Police
2022 Latest Caselaw 3070 MP

                                                                                 1
                                                       The High Court Of Madhya Pradesh
                                                                 WP No. 2946 of 2021
                                                           (ASHOK SHRIVASTAV Vs HOME DEPARTMENT POLICE AND OTHERS)

                                            Indore, Dated : 04-03-2022
                                                  Shri Yash Tiwari, learned counsel for the Petitioner .

                                                  Shri Manish Nair, learned Dy.A.G. for respondent/State.

The petitioner has challenged the order dated 7.1.2021 passed by respondent No.4 alleging wrong fixation of pay and directed for recovery of the amount of Rs.75,153/- along with interest of Rs.93,595/-.

Learned counsel for petitioner submits that 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. and others in Writ Petition No. 10168/2021.

Learned counsel for 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 Vs. State of Madhya Pradesh and others) decided on 13.09.2017, W.P.No. 26972/2019 (Smt. Sobha Jadhav Vs. State of Madhya Pradesh and others) decided on 11.12.2019, W.P.No. 15132/2020 (Dinesh Nema Vs. State of Madhya Pradesh and others) decided on

7.10.2020, Writ Petition No. 8902/2020 (Mishrilal yadav Vs. State of Madhya Pradesh and others) decided on 27.6.2020, W.P.no. 12829/2020 (Krishnpal Singh Chouhan Vs. State of Madhya Pradesh and others) decided on 3.09.2020 and W.P.no. 11497/2020 (manohar Joshi Vs. State of Madhya Pradesh and others) decided on 18.8.2020. Since the matter is similar, the impugned order to the extent of interest sought to be recovered may be set aside.

Learned Dy.A.G. for respondent/State opposed the prayer but did not dispute that the point involved in the present case is squarely covered by the aforesaid orders.

Accordingly, the impugned order dated 7.1.2021 (Annx.P/1) to the extent recovery is made of interest component is set aside. If any recovery of interest has Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL been made, the same shall be returned to the petitioner within three months from Date: 2022.03.09 10:27:53 IST

the date of production of copy of this order.

The writ petition is allowed to the extent indicated above. C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2022.03.09 10:27:53 IST