NARASIMHAM, J.

( 1 ) THIS is a petition under Article 226 Of the Constitution by a ministerial officer of the Orissa Secretariat against an order of dismissal from service passed by Sri b. S. Mohanty, Secretary to the Government, Development Department by his order No. 17886/d. dated 24-10-1952. The petitioner submitted a memorial to the governor against the order of dismissal; but it was rejected.

( 2 ) EARLY in 1952, the petitioner was working as a temporary Grade II Upper division Assistant in the Development Department. On 24-7-1952, the Secretary of that Department (Sri. B. S. Mohanty) framed three specific charges against the petitioner of insubordination, misbehaviour etc. , and directed him by his order (No. 13752) "to show cause why he should not be dismissed or otherwise punished". The petitioner showed cause and the usual depart/ mental enquiry was held. After the termination of the enquiry the Under-secretary of the Development. Department issued the following Memo No. 15833/d. dated 2-9-1952 to the petitioner :

Government of Orissa Development Department.

Memo no. 15833/d. Dated Bhubanswar , 2-9-1952

? To,

? Sri Davanidhi Rath

? Grade II U. D. Assistant