
Supreme Court Directs MP HC To Reinstate Resigned Woman District Judge Who Raised Sexual Harassment Complaint Against HC Judge
Live LawIn a significant judgment, the Supreme Court on Thursday directed the Madhya Pradesh High Court to reinstate a resigned woman Additional District Judge, who had raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court.The Supreme Court held that her resignation, in the circumstances of the case, cannot be "construed as voluntary" and therefore quashed. In a significant judgment, the Supreme Court on Thursday directed the Madhya Pradesh High Court to reinstate a resigned woman Additional District Judge, who had raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court. Citation: 2022 LiveLaw 150 Case no.|date: WP1137 OF 2018 | 10 Feb 2022 Coram : Justices L. Nageswara Rao and BR Gavai Counsel: Sr. Adv Indira Jaising for petitioner, SG Tushar Mehta for respondents Head Notes Practice and Procedure - In some High Courts, a practice is followed, that whenever a Judicial Officer having good track record tenders his/her resignation, an attempt is made by the Senior Judges of the High Court to counsel and persuade him/her to withdraw the resignation. Transfer Guidelines/Policy of the High Court of Madhya Pradesh - Transfer Policy may not be enforceable in law, but when the Transfer Policy has been framed by the MP High Court for administration of the District Judiciary, every Judicial Officer will have a legitimate expectation that such a Policy should be given due weightage, when the cases of Judicial Officers for transfer are being considered.
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