1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2379/2010. Zonal Manager, Mah. State Co.op. Cotton ... -: versus :- Vijay Chimanlal Shah and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 07, 2010. Heard Shri C.V. Kale, learned counsel for petitioner. He contends that as departmental enquiry into misconduct is going on, the order to release gratuity in favour of the delinquent [present respondent no.1] could not have been granted. Learned A.G.P. for respondent nos. 2 and 3 supports the order. I find that respondent no.1 has already been permitted to retire voluntarily, as such there is no relationship of employer or employee between the parties. In the circumstances, no exception can be taken to the findings reached by the competent Authority and Appellate Authority. The departmental enquiry cannot continue against respondent no.1. Writ Petition is therefore, dismissed with no order as to costs. JUDGE Rgd.