New Delhi, Nov. 9 -- The Supreme Court has ruled that a public servant arrested and held in judicial custody for more than 48 hours is automatically placed under deemed suspension, without requiring a separate government order.
A bench of Justices J B Pardiwala and Manmohan made the observation while restoring bail to Vishwajeet Singh, administrator of the government-run Sadar Hospital in Samastipur, Bihar, who was accused of demanding a Rs 4,000 bribe to clear a contractual worker's pending wages of Rs 36,421.
The court set aside a July 1, 2026, Patna High Court order cancelling the bail granted to Singh by a sessions court. The high court had directed that he be taken into custody following a challenge by the complainant, nearly a year after his release.
The bench said the amount allegedly demanded as a bribe was not a relevant consideration for deciding bail, although the high court could have made an observation on the issue without revoking the relief. However, the Supreme Court raised concerns over Singh's service status. It noted that he had remained in judicial custody for nearly 15 days following his arrest, triggering deemed suspension.
"Once a public servant is arrested and remains in judicial custody for more than 48 hours, there is a deemed suspension," Justice Pardiwala said.
The bench further noted that Singh's suspension had subsequently been revoked and that he had been posted back to the same hospital in the same position.
"And, shockingly, he has been once again posted in the very same hospital and that too on the very same post," the court said, asking the state to examine the matter and act in accordance with law.
An FIR was registered against Singh in 2025 under Section 7(b) of the Prevention of Corruption Act, 1988.
The bench said bail should ordinarily be granted in such cases, subject to the nature of the allegations, criminal antecedents and the gravity of the circumstances.
Published by HT Digital Content Services with permission from Millennium Post.