The Supreme Court has held that a government employee detained in judicial custody for more than 48 hours following arrest is deemed to be under suspension in terms of the applicable service rules, even if the competent authority has not issued a formal suspension order.

A bench of Justices JB Pardiwala and Manmohan made the observation while setting aside a Patna High Court order that had cancelled the bail granted to a hospital administrator accused of demanding a bribe in Bihar.

The case arose from allegations that the appellant, who was serving as Manager/Administrator at Sadar Hospital in Samastipur, had demanded Rs 4,000 from a complainant for processing his pending wages of Rs 36,421. An FIR was registered against him under Section 7(b) of the Prevention of Corruption Act, 1988.

After his arrest, the Sessions Court granted him regular bail. However, the complainant subsequently challenged the order before the Patna High Court, which set aside the bail and directed the appellant to surrender.

The hospital administrator challenged the High Court's decision before the Supreme Court.

While considering the appeal, the bench drew attention to the period spent by the appellant in judicial custody following his arrest. It noted that he had remained in custody for approximately 15 days, attracting the provision for deemed suspension applicable to government servants detained for more than 48 hours.

The Court clarified that such suspension operates by virtue of the applicable service rules and does not require a separate order from the competent authority.

"There is one disturbing feature which we should not ignore. It appears, that upon arrest, the appellant accused was in judicial custody for almost a period of 15 days. Once a public servant is arrested and remains in judicial custody for more than 48 hours, there is a deemed suspension. He being a public servant, he could be said to have been placed under deemed