Supreme Court reinstates judicial officer who quit accusing judge of sexual harassment

Satya Prakash

New Delhi, February 10

Eight years after a Madhya Pradesh woman judicial officer resigned following an inquiry into her allegations of sexual harassment against a High Court judge, the Supreme Court on Thursday reinstated her, stating that her resignation wasn’t voluntary. Quashing the order accepting her resignation, a Bench led by Justice LN Rao directed the Madhya Pradesh High Court to reinstate her as additional district judge.

Resignation was not voluntary

Losing a good judicial officer without giving an opportunity to introspect won’t be in interest of the officer or judiciary. SC Bench

“The respondents are directed to reinstate the petitioner forthwith as ADJ. Though the petitioner would not be entitled to back wages, she should be entitled to continuity in services with all consequential benefits w.e.f. July 15, 2014,” the Bench said.

The woman judicial officer had contended that she was coerced and compelled to resign. The Bench said whenever a judicial officer having good track record tenders resignation, an attempt should be made by senior judges to advise and persuade them to withdraw it. “Valuable time and money is spent on training a judicial officer. Losing a good judicial officer without counselling him/her and without giving an opportunity to introspect and rethink will not be in the interest of either the officer or the judiciary,” the Bench noted.

Solicitor General Tushar Mehta, representing the Registrar General of the High Court, had submitted that the ground of “hostile work environment” which allegedly forced her to resign was raised four years after her allegations of sexual harassment.

The top court termed as totally uncalled for Mehta’s submission that if it held the resignation of the officer to be actuated by coercion, it would have far reaching implications and would open floodgates to the similarly situated judicial officers.

The HC judge, she had accused of sexual harassment, was given a clean chit in December 2017 by a Rajya Sabha-appointed panel that had probed the allegations.

She had alleged that the HC had ignored the categorical finding in the report of the Judges Inquiry Committee dated December 15, 2017, terming her resignation dated July 15, 2014, “unbearable circumstances having no other option”.