J. Chelameswar, J.

An industry by name Canon Granites Private Limited, Perumpilavu, Thrissur District of which one 'Mr. Simon K.Francis' is a Director, had applied for the consent of the Pollution Control Board (hereinafter referred to as Board)for installation of two additional secondary Crushers. The said application was rejected by the Board. It appears from the records that the said industry proceeded to install the additional crushers, even though the Board declined consent.. The Board initiated action against the said industry. The industry approached this Court by way of Writ Petition. The full particulars of the same may not be necessary, except to state that by order dated 08.04.2005, this Court gave certain directions to the Pollution Control Board to examine whether the functioning of the above industry is causing any pollution beyond the limits permissible under the law. It is alleged against one Surendren that he demanded from the above mentioned Simon K. Francis an illegal gratification of an amount of Rs. 15 lakhs for giving a favourable report. The said Simon K. Francis complained to the vigilance authorities of the State who in turn laid a trap on 23.05.2005 at about 7.00 P.M. and vigilance case No. 07/05 was registered, the investigation of which was eventually entrusted to CBI by virtue of an order of this Court dated 24.02.2006 in W.P. (C) 19759 of 2005 filed by Mr. Simon K.Francis. It appears, from the records, that the CBI completed the investigation in the said matter and filed a final report under Section 173 of the Criminal Procedure Code on the file of Special Judge of CBI Court, Ernakulam, opining that the above mentioned Surendran committed offences under Sections 7, 13 (2) r/w 13 (l)(d) of the Prevention of Corruption Act, 1988.

2. Based on another complaint given by one Muraleedharan, the petitioner in W.P(C) 36185 of 2007, another vigilance case No.21 of 2000 on the file of Vigilance Department Kozhikkode is registered against the above mentioned Surendran and in that case also a trap was laid and final report was filed before the Enquiry Commissioner, Vigilance Department, Kozhikode as case No. 01 of 2008 reporting that Surendran is required to be tried for offences under the Prevention of Corruption Act,

3. A charge memo dated 31.10.2008, came to be issued by the State of Kerala framing certain charges against one Mr. Jeyaprasad, who was working as the Member Secretary of the Kerala State Pollution Control Board in connection with sordid episode mentioned earlier. The substance of the allegation in the charge memo is that Jeyaprasad created some false documents with an intention to protect Surendran, who was working as Environmental Engineer in the Pollution Control Board at Trichur, who was facing criminal cases under the Prevention of Corruption Act mentioned earlier. The relevant portion of the charge memo is as follows:

"Upon coming to know of the said trap, Shri. A.K. Surendran and other officials of Kerala State Pollution control Board Trichur, namely Smt. Sindhu Radhakrishna, AEE, Smt. Suseela Hair, AE, Smt, K.S. Vinaya, AE and Smt. Bindu Vinod Junior Scientific Assistant on daily wages, agreed among them solves to create fake de fence documents to show as if an adverse report had already been sent against Canon Granites P. Ltd before the passing of the bribe money and thereby that there was a motive for the bribe amount being taken on behalf Sheri Surrendering and, in pursuance of the said agreement, the said officials namely Smt. Sindhu Radhakrishnan, Smt. Suseela Nair, Smt. K.S. Vinaya and Smt. Bindu Vinod unauthorisedly came to the district Office of Pollution Control Board, Trichur on 29.05,2005 (Sunday) and Smt. Sindhu Radhakrishnan, Smt. Suseela Nair, Smt. K.S. Vinaya, created a letter falsely dated 28.05.2005 addressed to standing counsel of Kerala State Pollution control Board in the Hon'ble High Court of Kerala, Ernakulam, with a copy marked to the Member Secretary, Keral