Key Facts

Under service rules such as Rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, a government servant held in custody for more than 48 hours is deemed suspended from the date of detention, without a separate order being needed. A Bench of Justices J.B. Pardiwala and Manmohan held this in a Bihar bribery case where the accused had been taken back into the same post without a formal suspension order after his custody period.

GK Context

The CCS (CCA) Rules, 1965 govern the conduct, discipline and appeal procedures for central government civil servants. Rule 10 deals with suspension, and Rule 10(2) specifically provides for 'deemed suspension' when an employee is in custody (judicial or otherwise) for 48 hours or more, removing the need for a discretionary administrative order. This is distinct from a suspension pending disciplinary proceedings under Rule 10(1), which requires an explicit order by the competent authority. The ruling closes a loophole where officials facing serious criminal allegations could continue working if no formal suspension order was issued.