Mahendra Kumar Choudhary vs State Of Rajasthan
2022 Latest Caselaw 12476 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4844/2022

Mahendra Kumar Choudhary S/o Durga Ram Choudhary, Aged About 27 Years, Village Post Dangawa Pa-Yala Kallan, Tehsil Sindhari District Barmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Home Secretary, Secretariat, Jaipur.

2. Director General Of Police, Police Head Quarter, Jaipur.

3. Superintendent Of Police, Barmer.

                                                                 ----Respondents


For Petitioner(s)        :     Mr. Dinesh Ojha.
For Respondent(s)        :     Mr. Manish Vyas, AAG.
                               Mr. Kailash Choudhary.



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

18/10/2022

This writ petition has been filed by the petitioner seeking

directions to the respondents to refund the recovered amount

from the petitioner on account of salary, allowance and training

expenses alongwith interest @ 9% p.a.

Learned counsel for the petitioner made submissions that the

issue raised in the present writ petition is squarely covered by a

judgment in Arun Choudhary & Ors. v. State of Rajasthan & Ors.:

S.B. Civil Writ Petition No.5255/2013, decided on 11.08.2014 at

Jaipur Bench and, therefore, the present writ petition may also be

decided in light of and with similar directions as given in the case

of Arun Choudhary (supra).

Learned AAG made submissions that though the issue raised

is squarely covered by judgment in the case of Arun Choudhary

(2 of 2) [CW-4844/2022]

(supra) but as another similar nature order passed by this Court is

pending consideration before the Divsion Bench in D.B. Special

Appeal (Writ) No.288/2021, wherein, effect and operation of the

order has been stayed, therefore, the hearing in the present

matter be deferred.

I have considered the submissions made by learned counsel

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

Once it is not in dispute that the issue raised in the present

writ petition is squarely covered by the order in the case of Arun

Choudhary (supra), merely because an appeal arising out of an

order passed following the order in the case of Arun Choudhary

(supra) is pending consideration before the Division Bench, in

which interim order has been granted, cannot be a reason enough

for deferring the hearing of the present petition, indefinitely.

A Coordinate Bench of this Court in Nirmala Kumari v. State

of Rajasthan & Ors.: S.B. Civil Writ Petition No.14864/2021,

decided on 25.10.2021, before which also identical submissions

were made, has declined similar prayer.

In view of the above fact situation, the writ petition filed by

the petitioner is allowed. The respondents are directed to forthwith

reimburse the amount of salary (excluding the training expenses)

that was recovered from the petitioner, who have resigned to join

other State services. The respondents would also be required to

pay interest @ 6% p.a. from the date of recovery till the date of

actual payment.

Needful may done by the respondents within a period of two

months from the date of this order.

(ARUN BHANSALI),J 38-pradeep/-

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