WP(C) 5076/2009 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. B Goswami, learned counsel for the petitioner and Mr. BJ Ghosh, learned State Counsel appearing for the Secretariat Administration (Es tt) Department. The petitioner is aggrieved by the continuance of his suspension effected vide order dated 10.11.2008 of the Commissioner & Secretary, Governmen t of Assam, Secretariat Administration (Estt) Department. This ensued in view o f his detention in judicial custody exceeding 48 hours following his arrest in c onnection with CID CPS Case No. 03/08 under section 120(B)420/468/477(A) IPC R/W Sec.13(1)(d) 15 of P.C Act. The petitioner is thus deemed to be under suspensi on as contemplated under Sub-Rule 2 of Rule 6 of the Assam Services (Discipline & Appeal) Rules, 1964 (hereafter for short referred to as the Rules). Previous to the above episode, a departmental proceeding was dra wn up against the petitioner on the charges referred to in the show cause notice dated 22.07.2003 (Annexure A to the writ petition). The same, eventually, culm inated in the order dated 03.01.2008 passed by the Commissioner & Secretary, Gov ernment of Assam, Secretariat Administration Department, Dispur, Guwahati imposi ng a penalty of his reduction to the lower rank of Junior Administrative Assista nt. The petitioner has asserted that this decision is under challeng e before this Court, as well, in WP(C) No. 172/2008, which is presently pending. In the instant proceeding, the challenge has been laid against the order of su spension as referred to hereinabove. Whereas, Mr. Goswami, submits that having regard to the finaliza tion of the departmental proceeding, the continuance of the order of suspension is wholly unwarranted. Mr. Ghosh, has urged that as the petitioner’s suspension is in view of his detention in connection with the abovementioned criminal case for over 48 hours, the assailment thereof, in the instant proceeding at this st age is untenable. Upon hearing the learned counsel for the parties and on a consid eration of the pleaded facts as well as the documents annexed to the writ petiti on, this Court is of the view that for the present this proceeding ought to be c losed with a direction to the Commissioner & Secretary, Government of Assam, Sec retariat Administration (Estt) Department, Dispur before whom three representati ons by the petitioner dated 15.12.2008, 07.01.2009 and 13.10.2009 are pending se eking withdrawal of his order of suspension to consider and dispose of the same on merit. This is more so, in view of Rule 6 (5) of the Rules, which in a way c asts an obligation on the concerned administrative authority to review the neces sity of continuance of the order of suspension. As the representations aforement ioned are pending, a decision thereon, would be taken within a period of 2 (two) weeks from the date of receipt of the certified copy of this order. The petiti on stands disposed in the above terms. No costs.