Babu Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3893 MP

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       IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                    WP No. 6295 of 2022
                      (BABU SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 21-03-2022
           Shri Alok Kumar Sharma, learned counsel for the petitioner.
           Shri Jitesh Sharma, learned Govt. Advocate for the State on advance copy.

           Instant petition is preferred by the petitioner under Article 226 of the
Constitution of India against the order dated 28.07.2021 (Annexure P-1) and the
recovery order dated 29.12.2021 (Annexure P-2) passed by the Commandant, 17th
Batallion, SAF, District Bhind, whereby recovery is to the tune of Rs 3,30,229/-

           It is the submission of learned counsel for the petitioner that petitioner was a
Class-III employee (Head Constable) and on pretext of wrong fixation, recovery
cannot be made in view of the judgment pronounced by the Apex Court in the case
of State of Punjab and others Vs. Rafique Masih (White Washer), (2015) 4
SCC 334. He seeks stay over the recovery proceedings and release of anticipatory
pension simulataneously so that his family members may not find hard to make
both the ends meet.
           Issue notice to the respondents on payment of process fee through

Registered A.D. mode within a period of seven days, returnable within four weeks.

Till next date of hearing, impugned recovery order shall be kept in abeyance and no recovery shall be given effect to against the petitioner. However, with a clarification that this order shall not come in the way in preparation of papers of anticipatory pension and appropriate anticipatory pension as per the relevant rules shall be ensured.

(ANAND PATHAK) JUDGE

AK/-

ANAND KUMAR 2022.03.22 10:42:04 +05'30'