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 appella