Mandatory Nature of Prior Sanction for Post-Retirement Inquiries

Where statutory service rules, such as Rule 27(2)(b)(i) of the Maharashtra Civil Services (Pension) Rules, 1982, govern the initiation of disciplinary proceedings after an employee's superannuation, securing prior sanction from the competent government authority is an indispensable, mandatory condition precedent. The statutory employment of the word "shall" denotes that this requirement is imperatively binding and cannot be treated as a mere procedural formality or directory instruction. This prerequisite acts as a vital substantive safeguard conceived to prevent arbitrary, unwarranted, and vexatious proceedings against superannuated staff who no longer possess an active employer-employee nexus. Failure to obtain specific prior sanction at the appropriate level for instituting post-retirement departmental proceedings vitiates the entire inquiry from its threshold, rendering all consequential proceedings and punitive orders legal nullities. (Kadirkhan Ahmedkhan Pathan Vs The Maharashtra State Warehousing Corporation & Ors. | 2026 INSC 16)