Government Employees in Custody Beyond 48 Hours Face Automatic Suspension, No Separate Order Required : SC
Government Employees in Custody Beyond 48 Hours Face Automatic Suspension, No Separate Order Required : SC
New Delhi, November 10 : The Supreme Court of India has clarified that a government employee arrested and kept in judicial custody for more than 48 hours is automatically placed under deemed suspension, without requiring a separate suspension order, under the applicable service rules.
A bench comprising Justices J.B. Pardiwala and Manmohan made the observation while restoring bail to Vishwajeet Singh, an administrator at Sadar Hospital in Samastipur, Bihar, accused of demanding a ₹4,000 bribe to release a contractual worker's pending wages of ₹36,421.
The Supreme Court overturned the Patna High Court's decision cancelling Singh's bail and expressed serious concern that he had been reinstated to the same hospital and position after his suspension was revoked.
The apex court directed the Bihar government to examine the reinstatement and take appropriate action in accordance with the law.
The ruling reinforces the principle of automatic suspension after more than 48 hours of custody, while distinguishing suspension from a finding of guilt.
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