2026 INSC 16 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2026 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 10869 OF 2021)

KADIRKHAN AHMEDKHAN PATHAN …APPELLANT(S)

VERSUS THE MAHARASHTRA STATE WAREHOUSING CORPORATION & ORS. …RESPONDENT(S)

J U D G M E N T J.K. MAHESHWARI J.

1. Leave granted.

2. Assailing the final judgment dated 25.01.2021 passed by the Division Bench of High Court of Judicature at Bombay Bench at Aurangabad (hereinafter referred to as “High Court”) in Writ Petition No. 10858 of 2018, disposing-of the writ petition with D G i u g l i s ta h l a ly n s K idg u n m e aid r brA y roeractions to the appellant (retired employee) to prefer appeal Date: 2026.01.12 Reason:

against the order of disciplinary authority directing recovery, the instant appeal has been preferred.

3. The issue in the present lis revolves around the institution of the departmental enquiry by the respondent – Maharashtra State Warehousing Corporation (for brevity, ‘Corporation’) against the appellant after his superannuation in absence of any provision in the governing service rules and regulations, i.e., ‘Maharashtra Civil Services (Pension) Rules, 1982 (in s