The court made the observation while restoring bail to a Bihar hospital administrator accused of demanding a ₹4,000 bribe. It also asked the state to examine his return to the same post.
Highlights
- The Supreme Court said deemed suspension takes effect when judicial custody exceeds 48 hours under the applicable service rules.
- The department does not need to issue a separate order for the initial suspension to take effect.
- Under Bihar’s service rules, the suspension takes effect from the date of detention once custody crosses the 48-hour threshold.
- The bench restored the hospital administrator’s bail after the Patna High Court had cancelled it nearly a year after his release.
New Delhi, November 10 — The Supreme Court has said that a public servant who remains in judicial custody for more than 48 hours after arrest is deemed to be under suspension under the applicable service rules. The suspension takes effect automatically, without a separate order from the department. Justices J.B. Pardiwala and Manmohan made the observation in a November 6 order restoring bail to a hospital administrator in Bihar.
The case concerns Vishwajeet Singh, who served as a manager and administrator at Sadar Hospital in Samastipur. He was booked under Section 7(b) of the Prevention of Corruption Act, 1988, over allegations that he demanded ₹4,000 to clear a worker’s pending wages of ₹36,421. Singh spent nearly 15 days in judicial custody after his arrest before the Sessions Court granted him bail.
The complainant challenged the bail order before the Patna High Court, which cancelled it on July 1, 2026, nearly a year after Singh’s release. The Supreme Court said the High Court could question the Sessions Court’s reliance on the small size of the alleged bribe while allowing Singh to remain on bail. It set aside the High Court’s order and restored the original bail order.
What deemed suspension means
Rule 9(2)(a) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, says that a government servant covered by the rules is deemed suspended from the date of detention if custody exceeds 48 hours. In practice, crossing the threshold makes the suspension effective from the start of detention. The rules separately address what happens after release. They provide for deemed suspension to end when the employee reports back for duty and the department accepts the employee’s return. A fresh suspension under the specified provisions requires a separate order.
Court questions return to same post
Bihar’s counsel told the bench that Singh had been placed under suspension, that the suspension was later revoked and that he was posted back to the same job at Sadar Hospital. The bench expressed concern over his return to the post and asked the state to examine the matter at the earliest and act in accordance with the law. The order resolved Singh’s bail appeal, while the bribery allegation remains to be decided in the criminal case.
