'Resignation Not Voluntary': SC Orders Reinstatement of Woman Judicial Judge

The Supreme Court on Thursday, 10 February, directed the Madhya Pradesh (MP) High Court to reinstate a former woman judicial judge, who had resigned in 2014 after raising sexual harassment allegations against a then MP High Court judge.

(Photo: PTI)

The Supreme Court on Thursday, 10 February, directed the Madhya Pradesh (MP) High Court to reinstate a former woman judicial judge, who had resigned in 2014 after raising sexual harassment allegations against a then MP High Court judge.

The Supreme Court bench of L Nageswara Rao and BR Gavai said her resignation could not be "construed as voluntary," quashed the High Court's decision to accept her resignation, and directed it to reinstate her as 'Additional District Judge'.

"We hold and declare that the petitioner's resignation from the post of Additional District and Sessions Judge, Gwalior, dated July 15, 2014, cannot be construed to be voluntary and order dated July 17, 2014 … accepting the resignation of the petitioner is quashed and set aside," the bench said.

However, the bench said that she would not be entitled to back wages.

"The Respondents are directed to reinstate the petitioner forthwith as ADJ, though the petitioner would not be entitled to back wages, should be entitled to continuity in services with all consequential benefits w.e.f. July 15, 2014," the bench said.

Appearing for the petitioner, senior advocate Indira Jaising said that the judicial officer had been coerced and forced to resign.

Meanwhile, Solicitor General Tushar Mehta, who appeared for the Registrar General of the high court, said that the whole issue of a 'hostile work environment,' which allegedly forced the woman to resign, was being brought up four years after her allegations of sexual harassment.

In December 2017, a Rajya Sabha-appointed panel that looked into the allegations gave the high court judge, against whom the woman had filed a complaint, a clean chit.

In her plea, she had said that the high court had "ignored the categorical finding" in the Judges Inquiry Committee report dated 15 December 2017, "terming the petitioner's resignation, dated 15 July 2014, from her post of Additional District Judge unbearable circumstances having no other option," reported PTI.

The plea also said that the Judges Inquiry Committee had opined that "the petitioner be reinstated to service since her resignation was tendered under coercion."

After 58 members of the Rajya Sabha supported her case, a motion of impeachment was admitted against the high court judge.

(With inputs from PTI and LiveLaw.)