WP(C) 91/2009 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. P. Baruah, learned counsel for the petitioner and Ms. A. Verm a, learned Standing counsel, Health Department. This writ petition has been filed making a grievance against the order d ated 08.12.08 (Annexure-E) by which the earlier order of reinstatement in servic e dated 11.09.08 (Annexure- D), was revoked. Such revocation of order was on the ground that same was done without the approval of the Govt. Ms. Verma has placed the relevant records from which it appears that the petitioner was placed under suspension by order dated 03.03.08 (Annexure-B) wi th due approval of the Govt. However, while revoking the order of suspension and reinstating the petitioner in service by order dated 11.09.08, Govt. was not consulted and no approval was obtained. It is on that count on being asked by t he authority, the Director of Health Services by his order dated 08.12.08 once again revoked the earlier order of reinstatement of the petitioner in service, m eaning thereby that the petitioner would continue to remain under suspension. Ms. Verma has also produced the copy of the enquiry report prepared by t he fact finding authority and she submits that since the petitioner’s involvemen t in the incident is established, there is no question of revocation of the orde r of suspension and reinstatement in service. From the materials on record, it appears that the Director of Health Ser vices reinstated the petitioner in service on the ground that the period of six month had expired from the date of her suspension. However, on being questioned as to how he could reinstate the petitioner without prior approval from the Govt ., the Director of Health Services once again placed the petitioner under suspen sion by revoking the earlier order of reinstatement. At this stage, learned coun sel for the petitioner submits that others involved in the same incident have al ready been reinstated in service. Considering the matter in its entirety, I dispose of the writ petition providing that the petitioner may make an appropriate appeal to the Govt. for revocation of the order of suspension as per the provision of Assam Services (Discipline an d Appeal) Rules, 1964. In the event of making such an appeal, the Govt. may cons ider the matter taking into account all the relevant factors as to whether conti nued suspension of the petitioner is a necessity. In the event of filing such an appeal by the petitioner within 15 days from today, the Govt. may take a decisi on in the matter as expeditiously as possible preferably within one month. Howev er, in the event of reinstatement of the petitioner in service, same will have t o be without any prejudice to the departmental proceeding sought to be initiated against the petitioner. With the above directions, writ petition is disposed of.