Lokendra Singh Meena vs The State Of Rajasthan ...
2023 Latest Caselaw 4098 Raj

[2023/RJJD/013565]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5528/2023

Lokendra Singh Meena S/o Shri Ramjee Lal Meena, Aged About 31 Years, R/o Village Sagaru, Salemabad, District Dholpur (Raj.).

----Petitioner Versus

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

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

3. Superintendent Of Police, Dholpur (Rajasthan).

                                                                 ----Respondents


For Petitioner(s)         :     Mr. O.P. Sangwa.
For Respondent(s)         :     Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/05/2023

Heard.

Copy of the petition has been served on Mr. Manish Vyas,

AAG.

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.

It is reported 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.

[2023/RJJD/013565] (2 of 3) [CW-5528/2023]

Learned AAG made submissions that though the issue raised

is squarely covered by judgment in the case of Arun Choudhary

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

pending consideration before the Division 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 respondents 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 has 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.

[2023/RJJD/013565] (3 of 3) [CW-5528/2023]

Needful may done by the respondents within a period of two

months from the date of this order.

(VINIT KUMAR MATHUR),J Anil Singh 73-/-

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