SC sends clear message; reinstates judicial officer, who quit alleging sexual harassment by HC judge

New Delhi, Feb 10: The Supreme Court on Thursday ordered the reinstatement of a former woman judicial officer, who quit in 2014 alleging sexual harassment by a high court judge in Madhya Pradesh.

A bench comprising Justices L. Nageswara Rao and B.R. Gavai said the resignation of the woman judicial officer cannot be held to be voluntary. The top court clarified that she will not be entitled to back wages, but she can continue in service. Justice Gavai, who pronounced the judgment on behalf of the bench, said the decision to accept the resignation of the officer was quashed and set aside.

Earlier, the top court suggested to the Madhya Pradesh High Court to consider reinstating the judicial officer. However, the Full Court of the high court took a decision that her request cannot be accepted. The woman judicial officer had moved the Supreme Court seeking reinstatement.

The petitioner alleged that hostile transfer orders were passed as she did not act as per the demands of the supervising high court judge. In her complaint, she said that she transferred to a lower category city and also a Maoist affected area, which violated the transfer policy of the high court.

She added that transfer also prevented her from being with her daughter who was then appearing for the board exams, therefore she had to resign. The detailed judgment in the matter will be available later in the day.