JUDGMENT : Panigrahi, C.J. - The Petitioner was appointed as a Social Worker under the Tribal and Rural Welfare Department, by an order dated 5th April 1950 and was posted to Boudh Subdivision. It appears that while he was working in that capacity, the Minister in Charge of the Tribal and Rural Welfare Department visited the Gopabandhu Ashram School at Dimirijhulli in October 1952 and that the Secretary of the Department, who had accompanied him, made certain allegations against the Petitioner. The Petitioner thereafter sought the permission of the Minister for filing a defamation case against the Secretary. As a result of this, two charges were framed against the Petitioner by the Under-Secretary in charge of that Department. The Petitioner submitted his explanation on 9-12-52 and by an order dated 29-1-54 he was discharged from service. 2. The point that Learned Counsel for the Petitioner makes out, is that the provisions of Article 311 of the Constitution have not been complied with in this case as the Petitioner was not served with any notice of the punishment proposed to be awarded against him after the enquiry had been completed. As has been repeatedly pointed out by this Court a second notice, with regard to the action proposed to be taken against the party is obligatory. The learned Advocate-General has conceded that he is not satisfied that any such notice with regard to the punishment proposed to be awarded against the Petitioner, was served upon him. The order of discharge must consequently be held to be void. Learned Advocate-General, however, attempted to resist this application on the ground that the Petitioner has not exhausted his alternative remedy provided by the rules, namely, by way of a memorial to the Governor. In view of our finding that the proceedings are void for want of notice regarding the punishment, the Petitioner is under no obligation to send a memorial to the Governor. We would accordingly declare the order of discharge passed against the Petitioner as void and ultra vires. This application is allowed with costs. Hearing fee is assessed at Rs. 100/- (Rupees one hundred only). Mohapatra, J. 3. I agree. 4. Application allowed. Final Result : Allowed