Mahesh Chandra Sharma vs The State Of Madhya Pradesh Home ...
2023 Latest Caselaw 3451 MP

                                                    1
                 IN        THE       HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE PRANAY VERMA
                                      ON THE 27 th OF FEBRUARY, 2023
                                      WRIT PETITION No. 4766 of 2023

               BETWEEN:-
               MAHESH CHANDRA SHARMA S/O HARISHANKAR
               SHARMA, AGED ABOUT 60 YEARS, OCCUPATION:
               SERVICE, ADD:- 11 PRIYADARSHANI NAGAR, SHAKTI
               NAGAR, ROAD, DISTRICT RATLAM         (MADHYA
               PRADESH)

                                                                               .....PETITIONER
               (BY SHRI RAMKRISHNA SHASTRI, ADVOCATE)

               AND
               1.         THE STATE OF MADHYA PRADESH SECRETARY,
                          HOME    DEPARTMENT   (POLICE)  VALLABH
                          BHAWAN, BHOPAL. (MADHYA PRADESH)

               2.         DIRECTOR   GENERAL OF POLICE     HEAD
                          QUARTERS JAHANGIRABAD, BHOPAL (MADHYA
                          PRADESH)

               3.         SUPERINTENDENT OF POLICE NEEMUCH, DIST.
                          NEEMUCH (MADHYA PRADESH)

               4.         JOINT DIRECTOR TREASURY AND ACCOUNTS
                          NEEMUCH DIVISION, DIST. NEEMUCH (MADHYA
                          PRADESH)

                                                                             .....RESPONDENTS
               (SHRI AMAY BAJAJ, GOVT. ADVOCATE FOR STATE)

                          This petition coming on for admission this day, th e court passed the
               following:
                                                     ORDER

Signature Not Verified Signed by: SHAILESH Heard.

MAHADEV SUKHDEVE Signing time: 2/28/2023 5:55:41 PM The petitioner before this court has filed this present petition being

aggrieved by the order dated 23.1.2023 passed by the respondent No.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.

Learned counsel for the petitioner has drawn the attention of this court towards the judgment delivered in the case of Rajendra Bhawsar vs. The State of Madhya Pradesh & Ors. (W.P.No.826/2017) and the co-ordinate Bench of this court has quashed the recovery in respect of the interest component only.

A writ appeal was also preferred in the matter, ie., W.A.No.120/2018

(The State of Madhya Pradesh & Ors. vs. 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.

Learned Government Advocate for the respondent/State has not disputed the aforesaid facts.

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 respondents 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. The amount of interest already recovered from the petitioner be refunded to him.

Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE With the aforesaid, the present writ petition stands partly allowed. Signing time: 2/28/2023 5:55:41 PM C.c. as per rules.

(PRANAY VERMA) JUDGE SS/-

Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 2/28/2023 5:55:41 PM