It is an admitted fact that the promotion of the petitioner to the post of Joint Director was done as per procedure and Rules. It is also an admitted fact that the petitioner had retired on 31.12.2009 as Joint Director, prior to the impugned order 10.02.2010, by which he had been reverted back to the post of District Animal Husbandry and Veterinary Officer. The said order was given retrospective effect from 23.11.2007, i.e. the date of promotion of the petitioner to the post of Joint Director. The Division Bench of the Patna High Court in the Case of S.P. Tiwary and Ram Das Sinha –Vs- State of Bihar and Others , reported in 1993 (2) LLJ 1162, has held that once the relationship ceased to exist between the employer and employee, master and servant, a person cannot be demoted in rank, nor can his increment be stopped. He cannot be suspended, nor can he be dismissed. The Patna High Court also held that once an employee ceased to be under the employment of his employer, no disciplinary control of the employer exists over the employee. In the present case, the petitioner having retired on 31.12.2009 as a Joint Director, prior to the impugned order dated 10.02.2010, this Court is of the view that the order of demotion/reversion of the petitioner to his earlier post, prior to 23.11.2007 cannot be made binding or enforceable against the petitioner. The same cannot be said to have any validity with regard to the petitioner’s service after his date of retirement. Further, as no notice was issued to the petitioner prior to the impugned order dated 10.02.2010, the same is held to be in violation of the principles of natural justice. Though the same may have been given retrospective effect by the State Government, this Court is of the view that the State respondents cannot be allowed to do something indirectly, which cannot be done directly.
