The court emphasized that the second charge memo was maintainable if the charges were different and grave in nature, and the delay in framing charges was not necessarily fatal.

V.M. Velumani, J.

1. The Appellant/Writ Petitioner was working as Inspector of Police at Thillai Nagar Police Station in Trichy City during the period from 10.11.1999 to 2.12.2001. On 8.11.2001, one A. Roche approached the Writ Petitioner for setting up a fire crackers shop during deewali festival time. Initially, on 6.11.2001, the Writ Petitioner has not recommended for granting permission. But subsequently, after two days, i.e., on 8.11.2001, he issued No Objection Certificate without any change in circumstances. The said A. Roche/Complainant gave a Complaint on 8.11.2001 to the Director of Vigilance and Anti-Corruption stating that the applied for setting up crackers shop and met Deputy Commissioner of Police Thiru. Baskaran on 7.11.2001 and again on 8.11.2001. On his instructions, she met the Writ Petitioner again. on 8.11.2001, the Writ Petitioner gave No Objection Certificate and directed the Complainant to meet one Loganathan, Grade I Police constable. In his Complaint, he has stated that the said Loganathan demanded a sum of Rs.8,000/- on behalf of the Writ Petitioner.

2. Based on the said Complaint, a Charge Memo, dated 7.4.2005 containing the following charges were framed was issued to the Writ Petitioner:

“(i) Gross reprehensible conduct by falsely recorded in his Note Book that he left the station at 1030 hrs and was on rounds at various places between 1100 hrs and 1430 hrs on 16.11.2001, but Tr. Roche S/o. Antonysamy No.11, S.V. Koil Street, Kaveri Nagar, Crawford, Trichy has met him at Thillai Nagar at 1115 hrs on 6.11.2011 and handed over the cover to him.

(ii) Gross reprehensible conduct by not recorded his visit and checking of Farmer Shandy beat both in his Note Book and in his daily diary, even though he visited and checked the Beat No.55 at Farmers Shandy at 1845 hrs on 8.11.2001 and made a note of it in the respective Beat Ticket.

(iii) Gross reprehensible conduct by not made any note of checking of PC 2457 Ravichandran at the farmers Shandy at 1845 hrs on 8.11.2001 in the Beat Ticket (No.55), his Note Book and his daily diary.

(iv) Gross reprehensible conduct in duty by preparing a different recommendatory report in the absence of any change of circumstances and ante-dated it by 6.11.2001 at the office of the Assistant Commissioner of Police, as he had previously wrote a Non-recommendatory Report on 6.11.2001 and sent it to the Assistant Commissioner of Police and then on 8.11.2001 morning he tore the earlier Report into pieces, kept the pieces in his pant packet and manipulated it for a different report.

(v) Gross reprehensible conduct in duty by the issued first Report on the same day on 6.11.2001 at his office and issued the second Report on 8.11.2001 in both the reports he falsely recorded that he inspected the place where license was sought by the Applicant Tr. Roche S/o. Antonysamy, No.11, S.V. Koil Street, Kaveri Nagar, Crawford, Trichy though he didn’t inspect the said place either on 6.11.2001 or any other day till 8.11.2001.

(vi) Gross reprehensible conduct in duty by not recorded anything about his inspection in respect of Application of Tr. Roche S/o. Antonysamy, No.11, S.V. Koil Street, Kaveri Nagar, Crawford, Trichy in his Note Book or his Daily Diary or the Station General Diary on any day from 6.11.2001 to 8.11.2001 through he has reorded so in respect of other four similar cases (1) No.20/93-94, Selvaraj (2) No.19/2000-2001 Kumaravel, (3) No.11/2000-2001 Sivakumar (4) No.123/2000-2001 Selvaraj in his Note Book and Daily Diary between 2015 hrs and 2200 hrs on 6.11.2001.”

3. After framing charges, an Enquiry Officer was appointed. After full fledged enquiry and examining all the witnesses, the Enquiry Officer gave a Report dated 30.7.2007 holding the Charges 1, 4 to 6 were proved. Based on the said Enquiry Report, after following the procedures, punishment was imposed on the Appellant by the Secretary to Government, Home Department, in G.O.2(D) No.227, dated 21.4.2008 being st