A former Madhya Pradesh woman judicial officer, who had resigned in 2014, after an inquiry into her allegations of sexual harassment against a high court judge, has been reinstated in her job by the Supreme Court. The bench of Justices L Nageswara Rao and B R Gavai set aside the order accepting her resignation and directed the Madhya Pradesh High Court to reinstate her as additional district judge (ADJ) since her resignation cannot be construed as a “voluntary” one.
The apex court observed that a fortnight after her resignation, the petitioner had made a representation to the president as well as the chief justice of India, with a copy to the chief justice of the Madhya Pradesh high court, for reconsideration of the circumstances under which, she was left with no option but to resign.
According to the court, the circumstances enumerated would clearly reveal they were such that out of frustration, she was left with no other alternative, it said.
Senior advocate Indira Jaising, who was the woman’s lawyer had submitted that the judicial officer was coerced and compelled to resign.
The woman judicial officer however would not be eligible to get her back wages. Quashing the order of the acceptance of her resignation, the SC bench ruled 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 resignation of the petitioner is set aside”.
Also read: MP minister apologises for ‘upper caste women’ comment
Further, the respondents were directed to reinstate the petitioner forthwith as ADJ. But the petitioner would not be entitled to back wages, but should be entitled to continuity in services with all consequential benefits w.e.f. July 15, 2014, said the bench.
Meanwhile, solicitor General Tushar Mehta, appearing for the Registrar General of the high court, had conveyed to the SC the petitioner had raised the issue of the “hostile work environment”, which allegedly forced her to tender resignation four years after her allegations of sexual harassment.
A Rajya Sabha-appointed panel that had probed the sexual harassment allegations against the high court judge had given him a clean chit in December 2017.
In her plea, the woman said the high court had ignored the categorical finding in the Judges Inquiry Committee report of December 15, 2017. The report had said the petitioner’s resignation dated July 15, 2014 from her post of Additional District Judge was the outcome of “unbearable circumstances having no other option”. Moreover, the Judges Inquiry Committee had suggested the petitioner “should be reinstated to service since her resignation was tendered under coercion”.
A motion of impeachment was admitted against the high court judge after 58 members of Rajya Sabha supported the woman’s case. The panel which gave the judge a clean chit was made up of Supreme Court judge R Bhanumathi, Justice Manjula Chellur (then Bombay High Court judge), and jurist K K Venugopal (now Attorney General for India). They had tabled it before the Rajya Sabha on December 15, 2017.