JUDGMENT : Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Bora, learned counsel for the authorities under the BTC and Ms. S. Sarma, learned counsel for the Health Department. 2. The petitioner states that he was appointed to the post of grade-IV as Chowkidar in the J.C.B. Civil Hospital, Kajalgaon, Chirang District in Assam on 30.09.2013 on a compassionate ground. It is stated by the petitioner that on 08.04.2020, a lady namely Ranjita Basumatary had lodged a false FIR against him in the Dhaligaon Police Station registered as Dhaligaon P.S. Case No. 86/2020 on the allegation that the petitioner had sexually assaulted the lady while she was on duty on the same hospital. Consequent thereof, the petitioner was arrested and upon being detained for 1 (one) month, he was released on bail on 02.05.2020. Upon being released on bail, the petitioner submitted a representation dated 08.07.2020 before the Director of Health Services, Kokrajhar. 3. Although this writ petition is instituted with a prayer that in the resultant circumstance, he be allowed to resume his duty as grade-IV employee, as Chowkidar, but an alternative prayer is also made that the representation dated 08.07.2020 be given a consideration. When the matter is moved, Mr. M.U. Mahmud, learned counsel for the petitioner urges upon the alternative prayer that the representation be considered without for the time being insisting upon the first prayer to allow him to resume his duties. 4. In a matter, where an employee is detained by police, pursuant to a criminal case, the law is that if the detention period is more than 48 (forty eight) hours, it would be deemed under the law that the person concerned was placed under suspension. The suspension being a legal fiction where on the event taking place the person is deemed under the law to be under suspension, no further order is required from the authorities as regards the suspension although, options are always open to the authorities to pass a formal order indicating such suspension. 5. In the circumstance, in the instant case as the petitioner was in detention in connection with a criminal case for over 48 (forty eight) hours, the act of the respondents for not allowing him to resume his duty can also be construed to be that the deemed suspension under the law had its effect. 5. In the circumstance, in the instant case as the petitioner was in detention in connection with a criminal case for over 48 (forty eight) hours, the act of the respondents for not allowing him to resume his duty can also be construed to be that the deemed suspension under the law had its effect. The provision for deemed suspension on being detained for more than 48 (forty eight) hours pursuant to a criminal case, is provided under Rule 6 (2) of the Assam Services (Discipline and Appeal) Rules, 1964. 6. Proviso to Rule 6 (2) further provides that in the event a person is detained for 48 (forty eight) hours and the deemed suspension comes into effect, the person would be at liberty to move the authorities after being released from detention for a decision to be taken whether the suspension ought to be further continued or not. 7. In view of the aforesaid provision of law, we deem the representation dated 08.07.2020 of the petitioner to be a claim made by him that his case be considered by the authorities under the proviso to Rule 6 (2) of the Assam Services (Discipline and Appeal) Rules, 1964. 8. In the circumstance, we deem it appropriate to dispose of the writ petition by directing the Director of Health Services, Kokrajhar to give a consideration to the representation of the petitioner dated 08.07.2020 seeking a relief to resume his duties meaning thereby that to pass an order to withdraw the deemed suspension as it is a statutory right of an employee to have the matter considered in the above manner. A duty is also cast on the Director of Health Services, Kokrajhar under the law to consider the representation as prayed, as indicated above. 9. The consideration be given within a period of 15 (fifteen) days from the date of receipt of the certified copy of the order and a reasoned order be passed thereon. 10. By requiring the Director of Health Services, Kokrajhar to consider the representation of the petitioner, we do not mean that the claim made therein be allowed, but on the other hand what we mean is that the Director would apply his own mind and pass a reasoned order on the same as per law. Writ petition stands disposed of in the above terms.