Government Employees in Judicial Custody for Over 48 Hours Deemed Suspended: Supreme Court

The Supreme Court has clarified that a government employee who remains in judicial custody for more than 48 hours following arrest will automatically be treated as suspended, without requiring a separate suspension order from the authorities.

A Bench comprising Justices J.B. Pardiwala and Manmohan made the observation on November 6 while hearing a case involving Vishwajeet Singh, an administrator at a government hospital in Bihar.

Singh was arrested in 2025 over allegations that he demanded a bribe of ₹4,000 to clear pending wages of ₹36,421 owed to a contractual worker. He remained in judicial custody for nearly 15 days before a sessions court granted him bail. However, the Patna High Court cancelled his bail on July 1, 2026. Challenging the decision, he approached the Supreme Court.

The apex court set aside the High Court’s order and restored his bail, observing that the amount of the alleged bribe should not be the sole consideration while deciding bail. It also expressed concern over his reinstatement in the same hospital and on the same post after his suspension was revoked. The Bihar government was directed to examine the matter.

In 2008, a General Manager of Kharagpur Telecom District was arrested by the CBI for allegedly accepting illegal gratification and remained in custody for over 48 hours. His case was examined by the Calcutta High Court in 2010 under Rule 10(2) of the CCS (CCA) Rules, 1965. This highlights the importance of following service regulations and ensuring accountability in government administration.