Inapplicability of Estoppel Against Pure Questions of Jurisdiction
A retired employee's acceptance of an interim refund or partial release of undisputed retiral benefits does not operate as an estoppel or waiver preventing them from challenging the underlying jurisdiction of the employer to conduct a post-retirement departmental inquiry. Jurisdictional competence goes to the very root of an authority's power to act, and it is a settled principle that there can be no estoppel against statute or the inherent lack of jurisdiction. The fact that a delinquent employee participated in departmental proceedings or accepted partial monetary relief under a court order does not confer jurisdiction upon an authority where none exists in law. Consequently, a challenge to the fundamental legality and jurisdiction of an unauthorized inquiry remains maintainable regardless of such acceptance. (Kadirkhan Ahmedkhan Pathan Vs The Maharashtra State Warehousing Corporation & Ors. | 2026 INSC 16)