Continuation of Departmental Inquiries Post-Superannuation Under the MEPS Rules and the Impact of Interim Orders

sketch of the Bombay High Court
Case
AJAZ AHMED KHAN ABDULLA KHAN v. ANJUMANISHAAT E TALIM TRUST THROUGH ITS SECRETARY AND OTHERS (Bombay High Court, 09-09-2026)
Law
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, Service Law.

Highlights of the Judgment:

  • Examination of whether departmental inquiries initiated prior to superannuation can continue post-retirement under the MEPS Rules, 1981.
  • Interpretation of Rule 34(3) and Rule 37(2)(f) concerning suspended versus non-suspended employees during retirement.
  • Analysis of the legal effect of delays in completing disciplinary proceedings caused by interim court orders obtained by the employee.
  • Scrutiny of the mandatory composition of Inquiry Committees under Rule 36 and the distinct role of a Presenting Officer.
  • Precedents regarding the abatement of disciplinary actions upon an employee reaching the age of superannuation without formal suspension.