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In this episode of the Legal Podcast Bite powered by IndiaLaw LLP, host Ishika Soni discusses a landmark judgment of the Supreme Court of India, clarifying the limits of post-retirement disciplinary proceedings in service law. The case involving, Kadir Khan Ahmed Khan Pathan and the Maharashtra State Warehousing Corporation raised a crucial question: can an employer initiate disciplinary proceedings and recover alleged losses after an employee has already retired when the service regulations do not expressly allow it?
The Court examined the Maharashtra Civil Services (Pension) Rules, 1982, the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992, and constitutional protections under Constitution of India. Reaffirming earlier precedents such as Bhagirathi Jena v. Board of Directors, OSFC, the Court held that without explicit statutory authority and mandatory government sanction, post-retirement disciplinary proceedings are without jurisdiction.The ruling reinforces that retiral benefits like gratuity and provident fund are protected property rights and cannot be withheld arbitrarily.
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