NARASIMHAM, C. J.

( 1 ) THIS is an application by the State of Orissa for grant of leave to appeal to the supreme Court against a Division Bench decision o this Court in O. J. C. No. 202 of 1960 reported in ILR (1961) Cut 373; (AIR 1962 Orissa 78 ). The leave was asked for both under Article 132 and under Sub-clause (c) of Clause (1) of Article 133 of the Constitution.

( 2 ) THE respondent Nityananda Bohidar was formerly working as an Assistant conservator of Forests under the Government of Orissa. A departmental enquiry was held against him by the Member, Administrative Tribunal, 'orissa, in respect of various acts of misconduct said to have been committed by him while he was working as Divisional Forest Officer, Parlakhimedi. 21 charges were framed against him and the Tribunal fully exonerated him in respect of 5 charges and partially in respect of 6 charges, but held him guilty in respect of the remaining charges and recommended his dismissal from Government Service. Government accepted the recommendation and dismissed him from service on the 17th August 1960, and thereafter the respondent filed an application before this Court under Article 226 of the Constitution which was r