The Supreme Court has observed that a public servant arrested and kept in judicial custody for more than 48 hours is automatically placed under deemed suspension, and no separate order is required to give effect to it. The court also expressed concern over the reinstatement of a Bihar hospital manager accused in a bribery case at the same hospital and on the same post.
A bench of Justices JB Pardiwala and Manmohan made the observations while setting aside a Patna High Court order cancelling the regular bail granted to the accused by a Sessions Court.
Bribery allegations against hospital manager
The appellant, who served as manager/administrator at Sadar Hospital in Samastipur, was booked under the Prevention of Corruption Act for allegedly demanding a bribe of Rs 4,000 to clear the complainant's pending wages of Rs 36,421.
The accused was arrested and remained in judicial custody for nearly 15 days before securing bail. The complainant subsequently challenged the bail, following which the High Court cancelled it.
Supreme Court restores bail
The Supreme Court restored the Sessions Court's bail order, observing that bail should ordinarily be granted in such cases unless the allegations are particularly serious or the accused has criminal antecedents.
Court questions reinstatement at same hospital
The bench was also informed that the manager's suspension had been revoked and he was reposted at the same hospital in the same position. Calling the development concerning, the court directed the state to look into the matter at the earliest.
