Kadirkhan Ahmedkhan Pathan v. Maharashtra State Warehousing Corporation 2026 INSC 16 - Maharashtra Civil Services (Pension) Rules - Disciplinary Proceedings
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Maharashtra Civil Services (Pension) Rules, 1982 -Rule 27(2)(b)(i) - The requirement of sanction from the Government prior to institution of departmental enquiry is mandatory in nature for each case. Such mandatory safeguard is intended to prevent institution of unwarranted proceedings against the superannuated employees. Therefore, such mandate cannot be diluted or by-passed by the Corporation under the pretext of general sanction or general practice.
Case Info
Case Details
- Case name: Kadirkhan Ahmedkhan Pathan v. Maharashtra State Warehousing Corporation & Ors.
- Neutral citation: Not provided on the page.
- Coram: J.K. Maheshwari, J. and Vijay Bishnoi, J.
- Judgment date: January 06, 2026.
- Case number: Civil Appeal No. of 2026 (arising out of SLP (C) No. 10869 of 2021).
Caselaws and citations
- Bhagirathi Jena v. Board of Directors, O.S.F.C. and Others, (1999) 3 SCC 666.
- Girijan Cooperative Corporation Limited Andhra Pradesh v. K. Satyanarayana Rao, (2010) 15 SCC 322.
- Anant R. Kulkarni v. Y.P. Education Society and Others, (2013) 6 SCC 515.
Statutes/laws referred
- Maharashtra Civil Services (Pension) Rules, 1982: Rule 27 (Right of Government to withhold or withdraw pension), Rule 130 (provisional pension referenced).
- Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992: Rule 110 (Application of Government of Maharashtra rules), Regulation 74(5) and 74(13) (misconduct provisions cited in charges).
