WP(C) 412/2011 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA The petitioner a Junior Engineer in PHE Department is aggrieved by Annex ure-A order dated 13.04.2006 by which he has been placed under suspension. Accor ding to the petitioner, after placing him under suspension he has not been paid subsistence allowance nor any departmental proceeding has been initiated. Heard Mr. S.C. Biswas, learned counsel for the as well as Ms. R. Chokrab orty, learned Addl. Sr. Govt. Advocate. The petitioner having been placed under suspension by aforesaid order dated 13.04.2006, he is entitled to receive admiss ible subsistence allowance upon furnishing of necessary non-employment certifica te. The respondents cannot withhold the payment of subsistence allowance. Furthe r the respondents are also bound to review the order of suspension to find out a s to whether continued suspension of the petitioner is the utmost necessity. The matter was taken up on 28.01.2011 and the learned State counsel was requested to obtain instruction. Today she submits that she has not been furnish ed with any instruction. In view of the above, the writ petition is disposed of with the followin g directions: 1) The petitioner shall be paid his admissible subsistence allowance in accordan ce with rules holding the field. Let the admissible subsistence allowance be pa id as expeditiously as possible preferably within 31.03.2011. 2) The order of suspension being appellable, the petitioner may prefer a departm ental appeal against the said order. In the event of preferring such an appeal a s per the provision of Assam Services (Disciple & Appeal) Rules, 1964, the appel late authority shall decide the matter on its own merit as expeditiously as poss ible, but any rate not later than one moth from the date of receipt of the appea l.