Kadirkhan Ahmedkhan Pathan vs The Maharashtra State Warehousing ...

The Supreme Court examined the legality of initiating a departmental enquiry against a retired employee in the absence of explicit provisions in the governing service rules, namely the Maharashtra Civil Services (Pension) Rules, 1982 and the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992. The appellant, a retired Storage Superintendent, challenged the disciplinary action and recovery order passed post-retirement. The Court held that departmental proceedings cannot be initiated after superannuation unless specifically provided for in the service rules. Consequently, the appeal was allowed, setting aside the order directing recovery.