A Supreme Court bench of Chief Justice SA Bobde and Justices BR Gavai and Surya Kant appreciated a woman judge for her application for reinstatement after she had resigned levying sexual harassment allegations against a Madhya Pradesh High Court judge. Soon after levying the allegation, she was transferred to Sidhi, 424 km away from Gwalior where she was earlier posted. The bench said that the conflict could find a satisfactory end as there was a new chief justice in the Madhya Pradesh High Court.
Chief Justice Bobde said: “We must compliment if she wants to be a career judge.” However, Ravindra Srivastava, appearing for the MP High Court, argued that her re-establishment could have consequences. The bench asked senior advocate Indira Jaising whether her client (the woman judge) would accept reinstatement, if given in some other state. Jaising said she would prefer any state in the northern part and complimented the woman judge by saying that her work was impeccable. She further said that she was appointed on the district Vishakha Committee and her Annual Confidential Report was excellent as well.
Srivastava said that the woman judge had resigned on her own and her resignation was cleared after a full-court meeting of the High Court. However, the matter was reconsidered and the panel refused to take back the resignation. But Jaising contended that in the inquiry into the sexual harassment charges it was found that she had been transferred in violation of the High Court’s transfer policy. Jaising added that there was a total lack of “human face” in ordering the transfer.
The apex court bench then said that even if she was transferred validly, she would have completed her tenure of three years at the new place and would have been due for a fresh transfer. It said it wanted the issue to be brought to a decent conclusion and asked Srivastava to talk to the High Court to reinstate her.
Srivastava said that if she was reinstated, it would look as if the High Court was wrong in transferring her in the first place. CJI Bobde said that it would appear worse if the bench passed an order directing her reinstatement, since the issue involves a judicial officer and a High Court.
Addressing the retirement issue of the MP HC judge, the Court said that the situation had drastically changed and no one would be affected by the woman judge’s reinstatement. Jaising said that the former judge wanted reinstatement and could leave the remuneration of the intervening years, but she expected to retain her seniority. CJI Bobde appreciated her attitude and asked Srivastava to consider her request without monetary benefits.
Justice Kant told Srivastava that it was a simple issue. She could submit an application seeking withdrawal of her resignation and the High Court would allow it. The bench directed the counsel for the MP High Court to report this to the Court. The bench also observed that once the High Court had reinstated her as additional district judge, the apex court could order her transfer to another state.
The Court will hear the matter in March.