MP HC tells SC it can't take back Ex-woman Judge who complained against Sexual Harassment

Madhya Pradesh High Court does not want to reinstate a former woman judge who had levelled sexual harassment charges against a high court judge.

Senior lawyer Ravindra Shrivastava, appearing for the high court, conveyed this final decision to the Supreme Court on Tuesday.

"The full court has examined the matter in detail and has decided against reinstatement of the officer," Shrivastava submitted before a bench headed by Chief Justice of India SA Bobde.

The high court also informed the bench that this was the third time the issue of her reinstatement was considered but all the judges in the high court opined against giving her job back.

"This cannot be lost sight of the fact that she resigned. And this happened in 2014. We are in 2020 now. Many appointments have taken place in the meantime. Besides, she is very particular that she wants her seniority to remain uninterrupted as if she never resigned," said Shrivastava.

He added the top court may have to deal with her petition on merit since the suggestion by the bench on an earlier was not acceptable to the full court of the high court.

It also asked senior lawyer Indira Jaising, who appeared for the woman officer, to have a "negotiation" with the high court to reach a settlement regarding her reinstatement.

"We recommended this very strongly but after high court has taken a decision, we cannot do much. We will have to hear your case on merits now," the CJI told Jaising.

The high court judge, against whom sexual harassment complaint was made by her, was given a clean chit in December 2017 by a Rajya Sabha-appointed inquiry panel.

The woman moved the apex court against dismissal of her application in 2017 for reinstatement into the Madhya Pradesh Higher Judicial Services. She cited the panel's finding that her resignation was under "unbearable circumstances."

The bench has now posted the matter after four weeks.

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