IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4735 of 2009 Rajeshwar Prasad Singh, Son of late Julam Singh, Resident of Village- Desri, P.S.-Desri, District- Vaishali …….Petitioner Versus 1. The State Of Bihar through the Director, Primary Education, Department of Human Resources, Govt. of Bihar. 2. The District Superintendent of Education, Vaishali. ………Respondents ----------- 2/ 15.04.2009 Heard learned counsel for the petitioner and the State. In pursuance of Vigilance Case No.6 of 2000, the petitioner surrendered on 17.11.2008 and had been released from custody on 4.1.2009. While he was in custody, order of his suspension had been passed on 3.1.2009 under Rule 99 of the Bihar Service Code. The moment a government servant is taken into custody, he is deemed to be suspended and no formal orders are required in that regard. Likewise, the moment he is released from the custody, such order of deemed suspension based on custody comes to an end. In the present case, the exercise of power by the respondents is specifically confined to Rule 99 of the Bihar Service Code which deals with suspension during the period of custody. On his release from custody on 4.1.2009, the impugned order dated 3.1.2009, therefore, becomes non est. This does not preclude or vitiate the power of the respondents to pass fresh order of suspension after release from custody if considered necessary by them. The writ petition is disposed of in the aforesaid terms. JA/- (Navin Sinha, J.)