KODARBHAI VEERABHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who retired as Deputy Superintendent of Police (Dy.S.P.) on 30.06.2012 on reaching the age of superannuation, has filed this petition under Article 226/227 of the Constitution of India to hold the action of the respondents in withholding his pension and gratuity as illegal and arbitrary and to direct the respondents to release him regular pension and gratuity. The petitioner has averred that in the order dated 30.06.2012, permitting him to retire, it is stated that 'C' summary proposal in respect of criminal complaint under Section 498(A) and 114 of the Indian Penal Code registered at Amreli City Police Station being C.R.No.I36 of 2011 is pending in the Court and that inquiry against the petitioner for not accepting the investigation of one criminal complaint being C.R.No.156/2001 is going on.

(2.) It is the case of the petitioner that by the aforesaid order, the petitioner was retired on the condition that the above said case and inquiry shall continue against the petitioner.

(3.) The petitioner has further averred that in the complaint under Section 498(A) filed by one Rekhaben against accused Naranbhai Rathva alleged to be her husband, the petitioner is arraigned as accused as he did not make an investigation as regards allegation of harassment to complainant. The petitioner is otherwise not concerned with the offenses under Section 498(A) of the Indian Penal Code. As regards the inquiry of not accepting the investigation for C.R.No.156 of 2011, the petitioner has averred that the petitioner had taken over the investigation on 05.11.2011 and all steps necessary, were taken for such investigation. The petitioner has contended in the petition that as on the date of retirement of the petitioner, since no departmental proceedings nor any judicial proceedings was pending against the petitioner, the respondents were not justified in not releasing pension and gratuity of the petitioner.