High Court’s bail cancellation overturned; SC stresses swift action on suspension
In a decisive judgment, the Supreme Court set aside the Patna High Court’s order that had revoked the bail of Vishwajit Singh, the administrator of Samastipur’s Sadar Hospital.
The bench, comprising Justices J B Pardaival and Manmohan, observed that the high court’s decision to cancel Singh’s bail came almost a year after the original granting of regular bail by the session court. The Supreme Court noted that the high court’s language suggested a bias arising from the low amount of the alleged bribe.
Singh’s case stems from an accusation that he demanded Rs 4,000 in return for releasing Rs 36,421 of pending wages to a contract worker. After his arrest, he remained in judicial custody for about 15 days. The Supreme Court emphasized that the period of detention exceeding 48 hours triggers an automatic “deemed suspension” for any public servant, eliminating the need for a separate suspension directive.
The court also highlighted an irregularity: Singh had been suspended earlier, but the suspension order was later withdrawn and he was re‑appointed to the same role at the same hospital. The judges urged the Bihar state government to resolve the issue promptly and in accordance with legal requirements.
Legal scholars interpret this ruling as a clear signal that courts will closely monitor the procedural aspects of arrests involving government employees, ensuring that extended custody without a formal suspension does not infringe on service rights.
