Madhya Pradesh High Court

Amar Singh vs The State Of Madhya Pradesh on 7 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                          1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 7 th OF MAY, 2024
                                           WRIT PETITION No. 20279 of 2020

                         BETWEEN:-
                         AMAR SINGH S/O LATE SHRI R.P. SINGH, AGED ABOUT
                         62     YEARS, OCCUPATION:     RETIRED    DEPUTY
                         SUPERINTENDENT OF POLICE R/O HOUSE NO. 11
                         MASTER PLAN SATNA, DISTT. SATNA (M.P.) (MADHYA
                         PRADESH)

                                                                                     .....PETITIONER
                         (BY SHRI BRIJESH CHOUBEY - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE SECRETARY VALLABH BHAWAN BHOPAL
                               (M.P.) (MADHYA PRADESH)

                         2.    DIRECTOR TREASURIES AND ACCOUNTS GOVT.
                               OF MP BHOPAL (MADHYA PRADESH)

                         3.    JOINT DIRECTOR DIRECTORATE OF TREASURY
                               AND ACCOUNTS REWA (MADHYA PRADESH)

                         4.    SUPERINTENDANT OF         POLICE    REWA REWA
                               (MADHYA PRADESH)

                         5.    DISTRICT PENSION        OFFICER     REWA REWA
                               (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

Petitioner is a retired Deputy Superintendent of Police, Rewa. Recovery

has been imposed against him. The proposed recovery is to the tune of Rs.4,08,109/- and it is for the period starting from 2006 to 2019 as per Annexure R/1.

The respondents have failed to produce any undertaking/indemnity bond submitted by the petitioner, therefore, in the light of the Full Bench Judgment of this High Court in Writ Appeal No.815/2017 (State of Madhya Pradesh & Others versus Jagdish Prasad Dubey) & Other allied matters on 6.3.3024, in absence of an undertaking of the indemnity bond, the recovery cannot be sustained in the eyes of law. The said recovery is hereby quashed. If any amount is already recovered from the petitioner then the same be refunded

to him alongwith 8% Per Annum Interest within thirty days of receipt of certified copy of the order being passed today.

Accordingly, this writ petition is allowed & disposed off.

(VIVEK AGARWAL) JUDGE amit