SC compliments woman judge, pitches for her reinstatement  

The Supreme Court on Wednesday admired a woman judge, who had resigned after levelling allegations of sexual harassment against a Madhya Pradesh High Court judge, for being career oriented and indicated at a peaceful conclusion of her plea seeking reinstatement as an Additional District Judge.

A Bench headed by Chief Justice S.A. Bobde and comprising Justices B.R. Gavai and Surya Kant said the dispute could reach a peaceful conclusion as the Madhya High Court currently has a new Chief Justice.

"We must compliment, if she wants to be a career judge," said the Chief Justice to senior advocate Indira Jaising, counsel for the judge. Senior advocate R. Srivastava, representing Registrar General of the High Court, contended that her reinstatement may lead to consequences. Justice Suryakant observed, "She has not done something illegal, instead she resigned and her plea is to recall that resignation."

In 2019, the Madhya Pradesh High Court had informed the apex court that it is not possible to reinstate the woman judge.

The Chief Justice queried Jaising if her client would accept a posting in any other state, if the court were to offer reinstatement. Jaising contended that she is willing to work anywhere in the northern part of the country.

Jaising informed the bench about her client's impeccable career in the judicial service - her appointment on the district Vishaka committee, and her Annual Confidential Report (ACR) was excellent. Jaising contended that raising sexual harassment allegations against Madhya Pradesh High Court Justice S.K. Gangele (since retired) led to her transfer from Gwalior to Sidhi in 2014. However, due to her daughter's grade twelve examinations, she was unable to take up the new posting, and then she resigned. Also, her plea for extension at Gwalior did not move the authorities concerned.

In 2015, a three-member committee constituted by the Rajya Sabha comprising Supreme Court Justice R. Banumathi, Justice Manjula Chellur (former Bombay High Court Chief Justice) and senior advocate K.K. Venugopal, had concluded that the transfer lacked a human face; a punitive action instead of an administrative decision; and it was also not lawful.

Jaising contended before the bench that her client is willing to be a career judge, and she can forego remuneration for these years, but wishes to retain her seniority. The Chief Justice complimented the woman judge for having this attitude, and asked Srivastava to consider her reinstatement without monetary benefits. The Chief Justice asked the High Court counsel to get instructions in the matter and scheduled the next hearing in March 2016.-IANS