VidhiSangh

Supreme Court of India · 06/01/2026

KADIRKHAN AHMEDKHAN PATHAN versus THE MAHARASHTRA STATE WAREHOUSING CORPORATION & ORS.

[2026] 2 S.C.R. 31 · 2026 INSC 16

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Summary

A Storage Superintendent of the Maharashtra State Warehousing Corporation was charge-sheeted after superannuation, and recovery of alleged losses was ordered. The Court held that Regulation 110 of the 1992 Regulations does not apply the Maharashtra Civil Services (Pension) Rules, 1982 automatically: the Corporation must consciously decide to adopt them. Even if Rule 27 applied, its mandatory requirement of Government sanction for each post-retirement proceeding was not met. The proceedings were quashed and retiral benefits ordered to be released.

Issues

  1. Whether, with no provision in the 1992 Regulations for departmental proceedings against a retired employee, the Corporation could institute such proceedings by applying Rule 27 of the 1982 Pension Rules through Regulation 110.
  2. Whether the Corporation had jurisdiction to continue the post-retirement inquiry, withhold retiral benefits and direct recovery.

Provisions considered

Held

Result

Appeal allowed. The High Court's order was set aside and the departmental proceedings against the appellant were quashed. The Corporation must release all retiral benefits within eight weeks and refund any amount recovered in the meantime within the same period.

Judgment PDF: Supreme Court of India, [2026] 2 S.C.R. 31.