By the Court.—The special appeal arises from a judgement of the learned Single Judge by which an order passed by the Superintendent of Police, Etah on 22 July 2010 withholding the payment of gratuity to the respondent has been set aside and a direction has been issued to the appellants herein to release the gratuity together with statutory interest.

2. The respondent was appointed on 5 February 1969 as a fireman in the fire services of the State and was regularised in service. He attained the age of superannuation on 30 June 2010. On 22 July 2010, an order was passed by the Superintendent of Police, Etah allowing to the respondent a provisional pension of Rs. 9025/- per month. The payment of gratuity was however withdrawn on the ground of the pendency of a criminal case which has been registered under Section 498-A of the Penal Code read with Section 304-B and Section 3/4 of the Dowry Prohibition Act. There is no dispute about the factual position that an FIR was registered on 3 May 2009 against the respondent and a charge-sheet had been filed before the competent Court on 11 December 2009.

3. The learned Single Judge held that the proceedings which are pending before the c