IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15361 of 2011 Shyam Sundar Kumar S/O Sri Kunj Bihari Singh R/O Village- Ashiyawa, Police Station- Kako, District- Jehanabad Versus 1. The State of Bihar 2. The Commissioner, Magadh Division, Gaya 3. The District Magistrate, Gaya 4. The Block Development Officer, Wajirganj, Gaya 5. The District Panchayat Raj Officer, Gaya cum Conducting Officer. ----------- 02. 25.10.2011 Contention of the learned counsel for the petitioner seems to be correct. Legally the contention is that when the petitioner had retired on 30th September, 2008, there cannot be an order of dismissal w.e.f. 27.4.2009 i.e. after superannuation. Obviously the District Magistrate, Gaya has lost sight of the fact that after superannuation the master-servant relationship comes to an end and there cannot be an order of dismissal thereafter. However, since the enquiry was initiated while the petitioner was still in service and enquiry report submitted based on which the present decision has been taken, therefore, he has liberty to convert the said proceeding under Rule 43(b) of Bihar Pension Rules and pass appropriate orders in terms of the punishment which can be granted within the ambit of the rule. So far as the present punishment order is concerned, contained in Annexure-14 dated 27.4.2009 and consequential appellate order contained in Annexure-15 dated 29.12.2010 passed by the Divisional Commissioner in Service Appeal No. 17/09 are set aside. 2 The matter is remanded back in terms of the order above. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)