bribery accused reinstated at same hospital, SC questions Bihar
New Delhi, Nov. 12 -- A government hospital official arrested on charges of demanding a bribe was sent back to the same hospital and the same post after his suspension was revoked -- a decision that has now drawn the Supreme Court's scrutiny even as it restored his bail in the corruption case.
Taking note of what it called a "disturbing feature", the court questioned how the official, who was arrested and spent 15 days in judicial custody in connection with the bribery case, could be reinstated and posted to the same hospital, in the same position.
"There is one disturbing feature which we should not ignore.This aspect shall be looked into by the state at the earliest," said a bench of justices JB Pardiwala and Manmohan, directing the Bihar government to take appropriate steps in accordance with law.
The court's observations came while setting aside a Patna High Court order that had cancelled the bail granted to Vishwa jeet Singh, an administrator at the government-run Sadar Hospital in Samastipur. Singh was accused of demanding Rs.4,000 from a complainant for clearing his pending wages of Rs.36,421.
An FIR was registered against him under the Prevention of Corruption Act, 1988, following which he was arrested. The sessions court subsequently granted him bail, but the high court overturned that decision on a plea by the complainant, directing that he be taken back into custody.
While agreeing with the high court that the quantum of the bribe was not a relevant consideration in deciding whether an accused should get bail, the bench said this alone was not sufficient to cancel the relief granted by the sessions court.
But the court then turned to the state government's handling of the official's service status. It noted that a public servant who remains in judicial custody for more than 48 hours is deemed to be under suspension....
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