Mahipal Singh vs State Of Rajasthan
2021 Latest Caselaw 4720 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2997/2021

Mahipal Singh S/o Shri Bhanwar Singh, Aged About 29 Years, R/o Village Khetakhera, Tehsil Dungala, District Chittorgarh (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home Affairs, Secretariat, Jaipur (Rajasthan)

2. Director General Of Police Headquarter Rajasthan Police, Jaipur (Rajasthan)

3. Superintendent Of Police, Chittorgarh (Rajasthan)

----Respondents

For Petitioner(s) : Mr. OP Sangwa For Respondent(s) : Mr. Kailash Choudhary

JUSTICE DINESH MEHTA

Order

19/02/2021

This writ petition has been filed by the petitioner seeking

refund of the amount of training expenses recovered from the

petitioner vide receipt dated 27.08.2019 (Annex.5) to the tune of

Rs. 1,24,773/-.

The petitioner was recruited on the post of Constable in the

Rajasthan Police by order dated 27.09.2018 pursuant to which he

joined his duties at Chittorgarh. While the petitioner was

undergoing training, he appeared in the recruitment to the post of

Teacher Grade-III and was selected on 12.07.2019. When the

petitioner sought relieving for joining on the post of Teacher

Grade-III, he was required to deposit the amount of training

charges and salary amounting to Rs.1,24,773/- (21113+103660),

(2 of 3) [CW-2997/2021]

which amount was deposited by the petitioner vide Annex.-5,

whereafter the petitioner was relieved and he joined as Teacher

Grade-III.

The writ petition has been filed by the petitioner though

claiming refund of the training expenses, during the course of

submissions, prayer was made seeking refund of the amount of

salary instead of training expenses.

It is submitted by learned counsel for the petitioner that

issue raised in the present writ petition is covered by judgment of

this Court in Arun Choudhary & Ors. Vs. State & Ors : S.B. Civil

Writ Petition No. 5255/2013 decided on 11.08.2014 at Jaipur

Bench and Sharwan Lal Vs. State of Raj. & Ors.: S.B. Civil Writ

Petition No. 12809/2012 decided on 17.09.2016 and, therefore,

the petition filed by the petitioner deserves to be allowed.

Learned counsel for the respondents inter alia relied up on

the circular dated 30.12.2008 seeking to sustain the recovery of

training expenses as well as the amount of salary paid to the

petitioner.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

This Court in the case of Arun Choudhary (supra) and

Sharwan Lal (supra), after considering the provisions of Rule 22B

of the Rajasthan Service Rules, 1951 ('the RSR') came to the

conclusion that the respondents cannot recover the salary paid to

a Constable, who resigns from the Police Department and joins

another State Service and only recovery of training charges is

permissible.

In view of the categorical law laid down by this Court

interpreting the provisions of Rule 22B of the RSR. The

(3 of 3) [CW-2997/2021]

submissions made on the basis of circular dated 30.12.2008

cannot be accepted.

Consequently, the writ petition filed by the petitioner is

allowed, the respondents are directed to forthwith reimburse the

amount of salary amounting to Rs.1,03,660/- recovered from the

petitioner on 27.08.2019 along with interest @ 6% per annum

from the date of recovery till the date of actual payment. The

amount shall be paid to the petitioner within a period of two

months from today.

No order as to costs.

(DINESH MEHTA),J 117-Rahul/-

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