IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12979 of 2007 Dr. Hem Narayan Prasad, son of Late Amir Shah, Resident of Bank Road, P.S. Town, Distt. Muzaffarpur. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Deptt. of Health and Family Welfare Govt. of Bihar. 2. Deputy Secretary Deptt. of Health and Family Welfare, Govt. of Bihar, Patna. -------- Respondents ----------- 2 16.11.2011 Having heard learned counsel for the parties and taking into account the fact that no order of punishment could have been passed against the petitioner after acceptance of his voluntary retirement as notified by the Government on 9.3.2007 with effect from 31.7.2005, this Court would find it difficult to sustain the impugned order dated 13.4.2007 inflicting the punishment of stoppage of one increment with non cumulative effect and/or censure. The relationship between the petitioner and the Government, of an employee and the employer had already stood severed on 9.3.2007 and that too with effect from 31.7.2005 when the petitioner had given his offer for voluntary retirement. In that view of the matter, the order contained in Annexure-2 can be rightly ignored by the petitioner, specially when he will have no adverse effect of the two 2 punishments inflicted by the impugned order. The petitioner, having already been retired from service, cannot be now subjected to any recovery of the amount of increment nor there can be any adverse effect on him on account of the order of censure. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)