ORDER

Though the legal representatives of the appellant, have been brought on record, they did not appear either in person or through counsel. We have taken the assistance of Shri S.K. Agnihotri, learned counsel for the State.

2. The appellant, while working as Sub-Inspector, and being in-charge of the Police Station Pakhanjur, District Jagadalpur, on receipt of illegal gratification failed to prevent the running of common gambling house of one N.K. Ghosh. Consequently, in the departmental enquiry initiated against him, the Enquiry Officer, after due enquiry and giving him opportunity, found that the appellant had received illegal gratification from the organiser of gambling, N.K. Ghosh. Thereby, misconduct was proved against him. Based thereon, he was dismissed from service by order dated July 31, 1971. On appeal, it was confirmed by the Inspector General of Police by order dated January 21, 1974. The same came to be challenged in the Misc.Petition No.204/74. The Division Bench of the High Court in the impugned judgment dated May 2, 1978, dismissed the same. Thus, this appeal by special leave.

3. Two grounds have been pressed for consideration in the High Court and reiterated in the