The legal fiction of suspension under Rule 9(2) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, applies when a government servant is detained in custody for more than 48 hours, and the suspension can be made in public interest during the investigation of a criminal offence.

I. A. ANSARI, J.

Whether an employee, who is governed by Bihar Government Servant (Classification, Control and Appeal) Rules 2005, can be placed and kept under suspension pending investigation of a case under Section 307 of the Indian Penal Code, particularly, if the employee has remained in custody for more than 48 (forty eight) hours? This is the primary question, which the present writ petition has raised.

2. While serving as Senior Deputy Collectorcum- in-charge of Jail Superintendent, Araria, the appellant herein was sanctioned leave, on 19.05.2012, with effect from 20.05.2012 to 26.05.2012, 19.05.2012 being a Saturday. On the following day, i.e. on 20.05.2012, Nirmalli Police Station Case No. 32 of 2012, under Sections 427/504/506/307 of the Indian Penal Code and Sections 20/27/30 of the Arms Act, 1959, came to be registered on the basis of a First Information Report lodged, at the said Police Station, by one Kanupriya Singh, alleging, in brief, thus:

(i) On 20.05.2012 (Sunday), at about 12:30 PM, the appellant, Ranjan Kumar Chauhan, was cutting the branches of a mango tree from his roof. The informant, Kanupriya Singh, whose house was adjacent to the house of the appellant, forbade him (i.e. the appellant) by asking him not to cut the branches of the mango tree. The appellant began to abuse her. When the widowed motherin- law, Subhadra Devi, forbade the appellant from abusing the informant, he (appellant) abused Subhadra Devi too. On hearing the noise of hurling abuses, many persons of the locality gathered there. On seeing them, appellant stopped abusing the informant and her mother-in-law.

(ii) On the same day, at about 01:30 PM, the appellant, Ranjan Kumar Chauhan, climbed on the roof of his house with a gun in his hand and fired on the informant, who was washing clothes at the hand-pump of her house, but the bullet hit the canopy. Thereafter, the appellant fired four more shots from his gun, but the informant, luckily, escaped. The informant rushed inside the house and informed the Police Station concerned. Upon receiving the information from the informant, the police arrived at the place of occurrence and arrested the appellant, Ranjan Kumar Chauhan, with gun and cartridges in his possession, whereafter the police seized the said gun and cartridges and prepared, in this regard, a seizure list. The appellant, Ranjan Kumar Chauhan, was in drunken condition at that time and had been threatening the informant and her family that he (appellant) would kill them.

3. During the course of investigation of the case aforementioned, the appellant was arrested on 21.05.2012 and remained in custody, thereafter, until he was ordered to be released on bail on 13.06.2012. Upon his release on bail, the appellant joined his previous place of posting and informed the District Magistrate, Araria, about his jail custody.

4. All of a sudden, the appellant was served with a letter, dated 25.08.2012, informing the appellant that the appellant had been placed under suspension, vide order, dated 06.08.2012, with effect from 20.05.2012, because of his arrest in connection with Nirmalli Police Station Case No. 32 of 2012. By the letter, dated 25.08.2012, aforementioned, the appellant herein was also directed to hand over the charge and report to the office of the Divisional Commissioner, Purnea.

5. Having obtained a copy of the order, dated 06.08.2012, whereby the appellant had been placed under suspension, the appellant put to challenge the said order by filing a writ petition, under Article 226 of the Constitution of India, which gave rise to CWJC NO. 16504 of 2012.

6. By order, dated 02.11.2012, the writ petition was partly allowed by setting aside the order, dated 06.08.2012, aforementioned, by taking the view that Rule 9(3)(i) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, envisages that once a Government servant comes out from custody and gives his joining report, his deemed suspension, on account of his