Suresh Babu Parihar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7944 MP

Citation : 2023 Latest Caselaw 7944 MP
Judgement Date : 12 May, 2023

Madhya Pradesh High Court

Suresh Babu Parihar vs The State Of Madhya Pradesh on 12 May, 2023

Author: Milind Ramesh Phadke

                                                  1
                          IN THE HIGH COURT OF MADHYA PRADESH
                                       AT GWALIOR
                                          WP No. 11284 of 2023
                       (SURESH BABU PARIHAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

             Dated : 12-05-2023
                   Ms. Smrati Sharma, learned counsel for the petitioner.

                   Shri    P.S.    Raghuvanshi,       learned    Govt.   Advocate        for   the
             respondents/State.

The present matter pertains to recovery of Rs.4,92,988/- 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 order is bad in law.

O n the other hand, Shri Raghuvansi submits that the order directing recovery to be initiated due to wrong pay fixation, which cannot be said to be bad 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 the order dated 29.09.2022 (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)
NEETU
SHASHANK                                                                 JUDGE
2023.05.13
17:59:00
+05'30'

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