JUDGMENT:- This appeal by Special Leave is against the appellate order of the Division Bench of the Gujarat High Court. Respondent No. 1 was appointed to the Indian Police Service on 4-7-1969 and has been discharged by the impugned order dated 9-4-1974. After he was appointed by the Union of India he was allotted to the State cadre of Gujarat and the order of discharge has been made on the basis of steps taken by the State of Gujarat. The order of discharge was assailed by filing a writ petition under Art. 226 of the Constitution. The single Judge annulled the order. To the writ petition both the Union of India and the State of Gujarat were party- respondents. Against the single Judges decision, two appeals were preferred to the Division Bench. The Division Bench for reasons mostly different from what had been recorded by the learned single Judge, came to the same conclusion. Before this Court, there is only one appeal by the State of Gujarat and the Union of India has been joined as a respondent. Initially a preliminary objection had been raised regarding the maintainability of the appeal in the absence of any appeal by the Union of India but Mr. Kacker appearing for respondent No