Apex court seeks HC regis­trar’s re­ply on ex-ju­di­cial of­fi­cer plea

Hindustan Times (Patiala) - - Nation - Press Trust of In­dia n let­ters@hin­dus­tan­times.com

The Supreme Court on Fri­day sought re­sponse from the regis­trar of the Mad­hya Pradesh high court on a plea by a woman ju­di­cial of­fi­cer who had re­signed in the wake of in­quiry on her com­plaint of al­leged sex­ual ha­rass­ment against the sit­ting judge.

The high court judge was given a clean chit in De­cem­ber 2017 by a Ra­jya Sabha-ap­pointed panel which probed the charges of sex­ual ha­rass­ment against him.

A Bench com­pris­ing Jus­tices AK Sikri and Ashok Bhushan is­sued no­tice to the regis­trar on her plea in which she also sought restora­tion of her se­nior­ity and back salary.

She had re­signed from the post of Ad­di­tional Ses­seions Judge in 2014.

The bench sought re­sponse to the no­tice in six weeks.

Se­nior ad­vo­cate Indira Jais­ing ap­peared for the ju­di­cial of­fi­cer on whose com­plaint a mo­tion of im­peach­ment was ad­mit­ted against the judge af­ter 58 mem­bers of the Ra­jya Sabha sup­ported her case.

The re­port of the panel com­pris­ing Supreme Court judge R Bhanu­mathi, Jus­tice Man­jula Chel­lur (then Bom­bay High Court judge) and jurist K K Venu­gopal (now At­tor­ney Gen­eral for In­dia) giv­ing clean chit to the judge was tabled be­fore the Ra­jya Sabha on De­cem­ber 15, 2017.

The panel was set up in April 2015 by then Ra­jya Sabha chair­man Hamid An­sari af­ter ad­mit­ting a mo­tion sup­ported by 58 mem­bers to im­peach the judge.

Ad­vo­cate Indira Jais­ing, ap­pear­ing con­tended be­fore the bench that her res­ig­na­tion was “ac­tu­ated by her il­le­gal midterm trans­fer which was un­jus­ti­fied, ar­bi­trary and ac­tu­ated by bias/mala fides” amount­ing to con­struc­tive dis­missal.

The court agreed to hear the woman’s plea who urged the apex court to treat her res­ig­na­tion as “con­struc­tive ter­mi­na­tion” as it was “nei­ther vol­un­tary nor con­scious”.

THE FOR­MER JU­DI­CIAL OF­FI­CER HAD AC­CUSED A SIT­TING MP HIGH COURT JUDGE OF SEX­UAL HA­RASS­MENT. THE JUDGE WAS GIVEN A CLEAN CHIT IN 2017

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