Jurisdiction to Initiate Departmental Proceedings Post-Superannuation

An employer possesses no inherent authority to institute or conduct disciplinary proceedings against an employee after their superannuation unless there exists an express and explicit enabling statutory provision or governing service regulation authorising such an action. The relationship of master and servant terminates upon retirement, and in the absence of a specific service rule permitting post-retirement departmental inquiries, an employer lacks the jurisdictional competence to issue a charge-sheet or conduct an inquiry for past misconduct. Any proceedings instituted subsequent to superannuation without clear statutory backing are ultra vires, devoid of legal sanctity, and fundamentally null and void ab initio. Consequently, where the governing regulations of a statutory corporation do not specifically empower it to commence an inquiry after retirement, the employer cannot assume such authority by implication. (Kadirkhan Ahmedkhan Pathan Vs The Maharashtra State Warehousing Corporation & Ors. | 2026 INSC 16)