C.L. Soni, J.

1. The petitioner, who retired as Deputy Superintendent of Police (Dy. S.P.) on 30-6-2012 on reaching the age of superannuation, has filed this petition under Art. 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 30-6-2012, permitting him to retire, it is stated that 'C' Summary proposal in respect of criminal complaint under Secs. 498A and 114 of the Indian Penal Code registered at Amreli City Police Station being C.R. No. I-36 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. I-56 of 2011 is going on. 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.

2. The petitioner has further averred that in the complaint under Sec. 498A filed by one Rekhaben against accused Naranbhai Rathva alleged to be her husband, the petitioner