Ramnath Singh vs Home Department
2022 Latest Caselaw 3526 MP

                                1 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                         LOK ADALAT
                                                     W.P. No.8772/2020
                                Ramnath Singh S/o Late Tengar Singh Vs. State of M.P. & Others

                                Indore: Dated:- 12/03/2022
                                      Shri P.R.Bhatnagar, learned counsel for the petitioner.
                                      Shri    Valmik     Sakargayen,    Govt.    Advocate       for   the

                                respondent/State.

1. The petitioner before this Court has filed this present petition

being aggrieved by the order dated 05.06.2020 passed by the

respondent No.4.

2. 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.

3. 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.

4. 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.

5. Learned Government Advocate for the respondents/State has Signature Not Verified SAN

not disputed the aforesaid facts.

Digitally signed by NEERAJ SARVATE Date: 2022.03.15 18:39:11 IST 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE LOK ADALAT W.P. No.8772/2020 Ramnath Singh S/o Late Tengar Singh Vs. State of M.P. & Others

6. 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 respondent shall be free to

recover the principal amount. It is further made clear that there will be

no recovery in 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.

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

allowed.

                                     (JUSTICE PRANAY VERMA)                               (RISHI TIWARI)
                                            MEMBER                                           MEMBER

                                ns




Signature Not Verified
 SAN



Digitally signed by NEERAJ
SARVATE
Date: 2022.03.15 18:39:11 IST