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Issues: Whether deemed suspension under Rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in a case of custody for more than forty-eight hours, automatically ends on release from detention or continues until modified or revoked under Rule 10(5)(a) and Rule 10(5)(c).
Analysis: Rule 10(2) creates a legal fiction and treats the Government servant as having been placed under suspension by operation of law. The provision does not itself specify any automatic terminal point. Reading Rule 10 as a whole, the continuation and revocation mechanism in Rule 10(5)(a) and Rule 10(5)(c) applies to an order of suspension made or deemed to have been made, including a deemed suspension under Rule 10(2). The absence of the words "until further orders" in Rule 10(2) does not justify adding a limitation that the rule does not contain. A construction that makes the deemed suspension end automatically on release would render the continuation and revocation provisions otiose and would amount to supplying a casus omissus. Rules 10(3) and 10(4) operate in different situations and do not control the meaning of Rule 10(2).
Conclusion: Deemed suspension under Rule 10(2) does not automatically cease on release from custody and continues until it is modified or revoked under Rule 10(5)(c).
Ratio Decidendi: A deemed suspension under Rule 10(2) continues by force of Rule 10(5)(a) until modified or revoked under Rule 10(5)(c), and courts cannot add words to create an automatic termination not expressed in the rule.
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