The Disciplinary Authority must follow the procedure prescribed in the Assam Service Discipline and Appeal Rules, 1964, when imposing penalties on Government servants.

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 Shrimati Annapurna Srivastava by requesting officially the Assistant Coal Controller, Gauhati, to issue 500 (five hundred) Metric Tonnes of run of mine coal to the same Shrimati Annapurna Srivastava. You, therefore, misused your official position and are guilty of gross misconduct."

"3. Guilty of gross misconduct:- That though you had no authority either to requisition Coal or to allot it you obtained, by using your official position and influence, four wagons of hard coke from M/s. New Assam Trading Company of 12, Lower Chitpore Road, Calcutta allotted them to some parties to Dibrugarh, realised the value from those parties, but failed to pay the value realised to M/s. New Assam Trading Company and are therefore guilty of gross misconduct."

"4. Temporary misappropriation of Govt. money:- That you had received Rs.1,615.12 (Rupees one thousand six hundred fifteen and twelve naya paise) from the lady Instructor of the peripatetic Knitting and Embroidery Institute, Chowkidingi, Dibrugarh, but failed to enter it in the cash book or deposit it into the Treasury and are therefore, guilty of temporary misappropriation of Government money."

"5. Non-compliance with Govt. Orders: That you failed to deposit a Cash Security of Rs.250.00 (Rupees two hundred fifty) in accordance with the terms and conditions of opening the personal ledger Account in respect of the Training-Cum-Production Centre Chabua, as instructed in Annexure A to Government letter No.CI 202/60/86 dated 17-2-61."

The charge sheet was accompanied by statement of allegations. The petitioner submitted his explanation and appeared before the officer appointed to hold the enquiry. The enquiry officer submitted his report containing the following findings with regard to each of the charges:

Charge No.1.

"As such, regarding the Charge No.1, I hold that though the defendant officer did not disobey the Government orders of his transfer, he acted in an irresponsible manner and committed serious irregularities in process of handing over charge to his relieving officer."

Charge No.2.

"As such, Shri Shrivastavas permitting his wife to do business in coal which is likely to embarrass or influence him in the discharge of his official duties was not proper. Consequently, the recommending of his wifes name by himself can be taken as misconduct committed by him, though of a minor nature."

Charge No.3.

"From this I find that the allegation against the defendant officer that he using his official position and influence obtained 4 wagons of hard coke and allotted to some parties, falls through."

The enquiry officer however, also adds after discussing the evidence:

"From the above I find that the defendant officer being a responsible officer of the Government has by his act of retaining the Companys Money in his hand until now wi