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Retired Employees Protected From Unauthorized Recovery Orders: SC
Case Law Details
- Case Name
- Kadirkhan Ahmedkhan Pathan Vs Maharashtra State Warehousing Corporation & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Kadirkhan Ahmedkhan Pathan Vs Maharashtra State Warehousing Corporation & Ors. (Supreme Court of India)
Departmental Proceedings After Retirement Without Statutory Authority Are Void: Recovery From Retiral Benefits Illegal
The Supreme Court held that departmental proceedings initiated against an employee after superannuation are wholly without jurisdiction, in the absence of an express enabling provision in the applicable service rules. In the present case, the Maharashtra State Warehousing Corporation instituted disciplinary proceedings against the appellant nearly 11 months after his ret...

