Supreme Court stays sexual harassment inquiry against District Judge
New Delhi: The Supreme Court on Friday stayed the disciplinary inquiry against a District judge into the sexual harassment allegations levelled by a woman judicial officer and sought a response from the Registrar General of Madhya Pradesh High Court on his plea.
This has become a "practice now" when someone comes under "zone of consideration" for elevation as a judge of superior courts, said a bench headed by Chief Justice S A Bobde.
The top court stayed the High Court's order that had given a go ahead to the sexual harassment inquiry against the judge, who was in the zone of consideration for elevation as a high court Judge.
The Madhya Pradesh High Court on August 14 had dismissed the plea of the district judge and had given the go ahead to the Gender Sensitisation Internal Complaint Committee to proceed with the disciplinary enquiry against him.
A woman judicial officer of the Subordinate Judicial Service had filed a complaint on March 7, 2018 against the District judge alleging sexual harassment at work place.
The bench, also comprising Justices A S Bopanna and V Ramasubramanian, took note of the submissions of senior lawyer R Balasubramanian and advocate Sachin Sharma on behalf of the District judge and issued notices to the Registrar General and its Gender Sensitisation and Internal Complaints Committee (GSICC).
The plea said that the High Court found no illegality in "facts or in law in the Final Report" of April 30, 2019 of the GSICC which had earlier not found "evidence to proceed" against the District judge and had recorded its categorical finding in resolution of April 23.
"Despite such categorical finding of 'no evidence' and 'no material to proceed in the matter', the GSICC in an volta face action recommended disciplinary action against the petitioner as well as the complainant dehors the mandate of law contained in Sec 10, 11 and 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," the plea said.
"It is submitted that the petitioner has an unblemished judicial service career spanning over 32 years with sterling record of service and he is due to superannuate at the end of the year, 2020.
"The entire action of Respondents (HC and its committee) is visited with arbitrariness, malafide and in complete violation of law and the principles of natural justice by holding enquiry and or recording statements behind the back of the petitioner repeatedly without giving any opportunity to cross examine even once the complainant at any stage," the District judge said in the plea.
All these actions have been done at a time when the petitioner is in the zone of consideration for being considered for elevation, the plea said.
Earlier, the apex court had refused to entertain the previous plea of the district judge seeking quashing of show cause notice of the GSICC.
It had granted liberty to the district judge to withdraw the petition and avail such other remedies as may be available in law.
The judicial officer then moved the Jabalpur bench of the High Court which dismissed the plea.
The district judge challenged the issuance of show cause notice by the Principal Registrar of Madhya Pradesh High Court for the inquiry.
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Death toll climbs to 16 in van-SUV collision in MP's Dhar
Dhar (MP) (PTI): The death toll in the collision between a pick-up van and an SUV in Madhya Pradesh's Dhar district has risen to 16, officials said on Thursday.
The van carrying labourers overturned and collided with a Sports Utility Vehicle (SUV) coming from the opposite direction near Chikliya crossing on the Indore-Ahmedabad National Highway on Wednesday night, they said.
Twelve fatalities were initially reported after the incident. Four more persons later succumbed to their injuries, taking the toll to 16, officials said.
"A very tragic incident occurred in Dhar. I was informed that 46 persons (mostly labourers) were travelling in a pickup vehicle. It overturned and caused an accident. We have received information about the deaths of 15 people. This is very unfortunate," Indore Divisional Commissioner Dr Sudam P Khade told reporters.
Later, one more person succumbed to his injuries, Dhar district hospital's civil surgeon Dr Mukund Burman said.
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Prime Minister Narendra Modi and MP Chief Minister Mohan Yadav have issued instructions to ensure all arrangements are made, and treatment is provided to the injured persons, and that no one is left without care, Khade said.
The divisional commissioner and Inspector General Anurag were monitoring relief operations at the incident spot.
"Seven injured persons have been referred for treatment to Indore. Fifteen people are undergoing treatment here. The patients here are currently stable, but if they need to be referred (elsewhere), everything will be done," Khade said.
"In Indore also, we have deployed a team of doctors and are making all arrangements so that there is no delay or problem in treatment," he added.
The incident occurred between 8.30 and 9 pm on Wednesday. The labourers were returning home in the van from Baggad in Dhar district when the driver lost control of the vehicle near Chikliya crossing.
The Tirla police have registered a case and are investigating the accident.
PM Modi on Wednesday expressed grief over the incident. An ex gratia of Rs 2 lakh each from PMNRF would be given to the next of kin of the deceased, and the injured would receive Rs 50,000.
CM Yadav said instructions have been given to provide Rs 4 lakh each to the families of the deceased, Rs 1 lakh each to the seriously injured, and Rs 50,000 each to the injured.
Dhar district in-charge minister Kailash Vijaywargiya said instructions have been given to the local administration to ensure that the injured receive proper treatment.
Leader of Opposition, Umang Singhar, a native of Dhar district, also expressed grief over the accident.
