Smt. Manoj Sharma Vs. State of M.P. & Ors

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 293 of 2021, Judgment Date: Aug 31, 2021

Law laid down:-

1. Government servants in service of any class (Class I to Class IV) who had given written undertaking promising to refund the excess amount are not immune from recovery.

2. However the quantum and nature of recovery in such cases is to be limited to the quantum and nature promised by the employee in the undertaking.

3. If the undertaking does not expressly provide for refund of interest over the principal amount then the interest cannot be recovered from the employee while giving effect to the undertaking.

Smt. Manoj Sharma Vs. State of M.P. & Ors