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

Issue for consideration

Whether in absence of any provision in the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992 for institution of departmental proceedings against a superannuated employee, the Corporation could have proceeded against the of the Maharashtra Civil Services (Pension) Rules, 1982. In case enquiry is instituted after retirement of appellant, whether the Corporation had the jurisdiction to continue such enquiry and impose punishment, withholding the retiral benefits and direct recovery.