New Delhi/Alive News: The Supreme Court has clarified that a government employee who remains in judicial custody for more than 48 hours is automatically deemed to be suspended. A separate suspension order from the government is not required.
A bench of Justices JB Pardiwala and Manoj Kumar made the observation in an order dated November 6 while hearing a bribery case involving a hospital administrator in Samastipur, Bihar.
The case concerns Vishwajeet Singh, who was accused of demanding a bribe of Rs 4,000 from a contractual employee in exchange for releasing pending wages of Rs 36,421. Singh was serving as the administrator of the government Sadar Hospital in Samastipur at the time of the alleged offence.
SC Questions Reposting of Accused to Same Position
The Supreme Court restored Singh’s bail and set aside the Patna High Court’s order cancelling it. The bench observed that Singh had remained in judicial custody for around 15 days following his arrest.
Justice Pardiwala pointed out that Singh, being a government employee, should have been automatically suspended after remaining in custody for more than 48 hours. The court also expressed concern that he was subsequently reposted to the same position at the same hospital.
The bench asked the state government to examine the matter and take appropriate action in accordance with the law.
SC Says High Court Should Not Have Cancelled Bail
Singh had challenged the Patna High Court’s July 1 order, which cancelled the regular bail granted to him by the Sessions Court and directed his arrest.
The Supreme Court observed that the High Court had interfered with the bail order nearly a year after it was granted. It said the High Court could have made observations on the matter but should not have cancelled the bail on that basis.
An FIR was registered against Singh in 2025 under Section 7(b) of the Prevention of Corruption Act, 1988, at the Vigilance Police Station.
