GOSWAMI, C. J.:- This application under Article 226 of the Constitution is directed against an order of the Governor, of 29th September, 1966, withholding three increments to the petitioner with cumulative effect.

2. The petitioner, at the material time, was the Assistant Director of Cottage Industries under the Government of Assam. Certain departmental proceeding was instituted against him and on 15th May, 1964, he was called upon to show cause under five heads as follows:-

"1. Disobedience of Government Orders- That you failed to hand over charge of the office of the Assistant Director of Cottage Industries, Dibrugarh promptly, completely and properly to Shri Pramatha Kumar Nath who was ordered in Government Notification inasmuch as in (Sic) you failed to hand over the cash balance in hand, the keys of the cash box and the cash book of the office of the Assistant Director of Cottage Industries, Dibrugarh to Shri Pramatha Kumar Nath when he reported at Dibrugarh on 24-1-64 to take over charge from you, which is against the rules and procedure of handing over charge."

"2. Guilty of Misconduct:- That yon used your official position to obtain pecuniary advantage for your wife S