The State Of Madhya Pradesh vs Brij Mohan Prasad Pandey
2023 Latest Caselaw 4029 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 14 th OF MARCH, 2023
                                          REVIEW PETITION No. 701 of 2022

                          BETWEEN:-
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY HOME DEPARTMENT VALLABH
                                BHAWAN DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    DIRECTOR GENERAL POLICE HEADQUARTERS
                                BHOPAL M.P. BHOPAL MADHYA PRADESH
                                (MADHYA PRADESH)

                          3.    INSPECTOR GENERAL OF POLICE POLICE
                                H EAD Q UARTER S DIVISION REWA, REWA
                                MADHYA PRADESH (MADHYA PRADESH)

                          4.    SUPERINTENDENT            GENERAL POLICE
                                H EAD Q UARTER S DIVISION  REWA,   REWA
                                MADHYA PRADESH (MADHYA PRADESH)

                          5.    DIVISIONAL PENSION OFFICER DIRECTORATE
                                OF PENSION REWA, REWA MADHYA PRADESH
                                (MADHYA PRADESH)

                          6.    THE TREASURY OFFICER DIRECTORATE OF
                                PEN S I O N REWA, REWA MADHYA PRADESH
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI YASH SONI - GOVERNMENT ADVOCATE)

                          AND
                          BRIJ   MOHAN     PRASAD     PANDEY  S/O  SHRI
                          RAMSUMIRAN PANDEY OCCUPATION: RETIRED SUB
                          INSPECTOR D.C.R.B. OFFICE REWA NARMADA NAGAR
                          CHIHOLA REWA (MADHYA PRADESH)

                                                                            .....RESPONDENT
                          (BY SHRI K. K. AGNIHOTRI - ADVOCATE)

Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 3/15/2023
11:44:10 AM
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                                This petition coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

Petitioners have filed this review petition making a prayer for recalling of the order dated 21.12.2021.

2. Counsel appearing for the State submitted that an amount of Rs. 3,8,826/- has been recovered from the respondent. Respondent was Assistant Sub Inspector of Police and impugned order was quashed giving him the benefit of judgment passed by Apex Court reported in (2015) 4 SCC 334- State of Punjab Vs. Rafiq Masih. It is submitted that similar issue is pending

before Larger Bench for consideration in Writ Appeal No. 815/2017. It is submitted that since similar issue is pending before Larger Bench, order passed by this Court may be recalled.

3. Counsel for the respondent has opposed the prayer.

4. Heard learned counsel for the parties.

5. Following issues are to be considered by Larger Bench:-

1. Whether the recovery can be ordered to be affected from the pensionary benefits or from the salary in view of an undertaking or Indemnity Bond taken by the employer before the grant of benefit of pay refixation.

2. Whether the recovery on account of excess payment to an employee can be made in exercise of power conferred under Rule 65 of M.P. Civil Services Pension Rules, 1976.

3. Whether the undertaking sought at the time of grant of financial benefits on account of refixation of pay is a forced undertaking and thus not enforceable in light of judgment of Supreme Court in (1986) 3 SCC Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 3/15/2023 11:44:10 AM

136 (Central Inland Water Transport Corporation Limited and Another Vs. Brojo Nath Ganguly and Another).

4. Any other question which is raised for decision before the Larger Bench or which the Larger Bench considers arising out of the issues canvased.

6. In the present case, there is no undertaking given by the respondent. Further recovery is being made after a period of 5 years which cannot be made as per judgment passed by Apex Court in case of Rafiq Masih. No case is made out for reviewing the order passed by this Court.

Review Petition is dismissed.

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 3/15/2023 11:44:10 AM