1. The petitioner S.Lingeswaran has come to this court by filing the present writ petition to quash the order of the 1st respondent in D2/SP/17/2007 dated 08.09.2007 modifying the order of the second respondent in J1/PR.9/2006 dated 30.03.2007 and to confer all consequential and other attendant benefits to him.

2. The petitioner, while he was serving as Head Constable, suffered with charge memo dated 27.04.2006 issued under rule 3(b) of the Tamil Nadu Police Subordinate Service (disciplinary and appeal) Rule 1955. The allegation mentioned in the charge memo is as follows:

"Highly reprehensible and in unbecoming conduct and lethargic attitude of a police officer in having allowed the accused Kothampan @ Ramaswamy (47) s/o. Rangasamy of Kottapalayam, Karapadi Village concerned in Puliampatty P.S. Crime No.460/2005 u/s.4(1)(aaa) r/w4(1-A) TNP Act to escape from custody at 15.30hrs on 23.11.2005 near sub jail Sathyamangalam.

3. The petitioner, after receipt of the charge memo, submitted his explanation. The disciplinary authority, after receipt of his explanation, having found no merits in the explanation submitted by the petitioner, appointed an enquiry officer to go into the