Surendra Pal Singh Bundela vs The State Of Madhya Pradesh
2023 Latest Caselaw 7487 MP

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                             IN THE HIGH COURT OF MADHYA PRADESH
                                          AT GWALIOR
                                            WP No. 10616 of 2023
                       (SURENDRA PAL SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Dated : 08-05-2023
                    Shri D.P. Singh, learned counsel for the petitioner.

                    Shri N.S. Tomar, learned Govt. Advocate for the respondents/State.

The present matter pertains to recovery of Rs.3,94,290/- from a retired class III employee in the wake of certain missing entries into his GPF account.

It has been argued by the counsel for the petitioner that in the light of judgment passed by the Hon'ble Supreme Court in the case of State of Punjab & Ors. vs. Rafiq Masih (white washer) and Other reported in 2015 (4) SCC 334 recovery after retirement of the petitioner is not permissible. He further submits that no

undertaking as such has been given by the petitioner with regard to recovery which

has been directed to be initiated against the petitioner. Thus, the impugned show cause notice itself is bad in law.

On the other hand, Shri Tomar submits that it is just a show cause notice, to

which reply has to be communicated as to why recovery should not be or cannot be made and, therefore, the petition is misconceived and deserves to be dismissed.

After hearing learned counsel for the parties, this Court deems it fit to direct that till the next date of hearing the effect and operation of Annexure P/1 shall remain

stayed.

Issue notice to the respondents on payment of PF within four working days by RAD as well as ordinary mode, returnable within four weeks.

(MILIND RAMESH PHADKE) JUDGE

neetu

NEETU SHASHANK 2023.05.08 19:18:46 +05'30'