Devi Singh Panwar vs School Education Department
2023 Latest Caselaw 2559 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                             Lok Adalat
                                                         WP No. 25294 of 2019
                                        (DEVI SINGH PANWAR Vs SCHOOL EDUCATION DEPARTMENT AND OTHERS)

                           Dated : 11-02-2023
                                    Shri K.L. Purohit, learned counsel for the petitioner.
                                    1. The present petition is filed against recovery of Rs.1,67,113/- from the
                           amount of salary paid to the petitioner after retirement.
                                    2. Learned counsel for the petitioner submits that the petitioner has no
                           objection for recovery of principal amount but if any interest has been added by

                           the respondent, the same is not liable to be recovered from the petitioner. He

further submits that the interest part is liable to be quashed as has been done by this Court in various judgments. However, the amount of interest is not shown in the aforesaid Writ Petition No.13581/2019 (S) recovered amount, even the return is also silent in this regard.

3. Learned counsel for the respondent / State has no objection for quashment of the interest part.

4. The petition is disposed of with the following directions:-

(a) If the amount of Rs.1,67,113/- itself is an principal amount then the

petition be treated as dismissed, and

(b) If this amount is inclusive of interest then the interest part is quashed and this interest part be returned back to the petitioner.

Certified copy as per rules.

                              (JUSTICE PRANAY VERMA)                      (MAQBOOL AHMED MANSOORI)
                                   MEMBER                                        MEMBER

                           Shilpa


Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 14-02-2023
14:08:35