Case: Additional District &amp; Sessions Judge 'X' Vs. Registrar General, High Court of Madhya Pradesh &amp; Others

1. The present writ petition has been filed by a former Additional District and Sessions Judge of the Madhya Pradesh Higher Judicial Service. The factual narration in the writ petition incorporates allegations of sexual harassment aimed at the petitioner, at the behest of a sitting Judge of the High Court of Madhya Pradesh (herein after referred to as, the High Court), who has been impleaded by name as respondent no.3. The authenticity of the allegations levelled by the petitioner, which have been expressly disputed by respondent no.3, would stand affirmed or repudiated only after culmination of due process. Such being the sensitivity of the matter, it would be inappropriate to disclose the identity either of the petitioner or of respondent no.3. In the title of the present writ petition, as also in its contents, the petitioner has been described as Additional District and Sessions Judge X. We shall refer to her as Addl.D&SJ X. This would help to preserve the dignity of the petitioner. Insofar as respondent no.3 is concerned, since he is a sitting Judge of the High Court, his reputation deserves a similar protection, we shall refer to him as Justice A.  2. The averments made in the writ petition reveal that the petitioner having practiced as an advocate for fifteen years at Delhi, applied for appointment by way of direct recruitment to the Madhya Pradesh Higher Judicial Service. On the culmination of the process of selection, the merit list of the selected candidates was released on 22.3.2011. The petitioner was placed at serial no.2 in the merit list. She was accordingly appointed as District Judge (entry level) by the Madhya Pradesh State Legal and Legislative Works Department, vide order dated 8.7.2011. She was deputed for training on 30.7.2011 and was posted as Additional District and Sessions Judge, Gwalior.  3. The contents of the writ petition are systematically divided into various components. In the first part of the writ petition, the petitioner endeavours to demonstrate her efficient discharge of duties. For this, reliance has been placed on an order passed by the Sessions Judge, Gwalior dated 9.10.2012 (while exercising powers under Sections 408 and 409 of the Criminal Procedure Code), whereby all sessions cases, criminal appeals, criminal revisions and miscellaneous criminal cases etc. pending in the Court of the 2nd Additional Sessions Judge, were transferred to the Court of the petitioner. Relying on the above order, it is the petitioners contention, that her superiors immediately recognized her professional caliber, and afforded her an opportunity to deal with the important and sensitive cases. On 23.1.2013, the Sessions Judge, Gwalior, nominated the petitioner for regular hearing and expeditious disposal of heinous and sensational cases involving offences of rape, gang-rape, rape with murder etc. under the Indian Penal Code. It is further brought out, that on 9.4.2013, the petitioner was appointed as the President of the Vishaka Committee (in compliance with the directions issued by this Court in Vishaka v. State of Rajasthan, (1997) 6 SCC 241 ), by the District and Sessions Judge, Gwalior. It is also pointed out, that the High Court (in exercise of the power vested in it under Section 6(2) of the Madhya Pradesh Dekaiti Aur Vyapaharan Prabhavit Kshotra Adhiniyam, 1981) appointed the petitioner asfor dealing with matters falling in a defined area within the territorial jurisdiction of Gwalior Sessions Division. It is pointed out that again, through a notification dated 10.5.2013 (in exercise of the power under Section 9(3) of the Code of Criminal Procedure), the High Court designated the petitioner asfor speedy trial of offences of rape, gang-rape, murder with rape and other related offences. It is also the case of the petitioner, that the petitioners performance came to be evaluated by the District and Sessions Judge in a report dated 5.1.2013. It is submitted, that thereafter in April 2013, the District Judge (Inspection and Vigilance) inspected the civil and criminal records and assessed the petitioners performance.  4. The factual position with respect to the selection and appointment of the petitioner has not been disputed. The fact that the petitioner was assigned different responsibilities from time to time is also acknowledged. It is not necessary for us to record the personal assessment made by the petitioner on the basis of the afore-stated reports, suffice it to state that in the reply filed before this Court on behalf of the Registrar General of the High Court (respondent no.1), it is acknowledged that even though her disposal was assessed as - average, her overall performance was graded as - very good B. It was further pointed out, that even though the petitioner was advised to improve inter-personal relationship and team work skills, her overall assessment was evaluated as - very good.  5(i). The next component of the writ petition is devoted to the allegations levelled against respondent no.3 - Justice A. It is asserted, that on 8/9-12-2013, the wife of the Chief Judicial Magistrate, Gwalior called, the petitioner on her land line. During her conversation, she informed the petitioner, that respondent no.3 - Justice A, was eager that the petitioner should perform a dance on an, on the occasion of ladies sangeet (on 10.12.2013) during the festivities of the 25th marriage anniversary of respondent no.3. It is also the assertion of the petitioner, that she politely refused the invitation for 10.12.2013 by giving out that she had prior commitments, for that date. It is sought to be asserted by the petitioner, that for reasons of official protocol, she felt compelled to attend the main marriage anniversary celebrations scheduled for 11.12.2013. It is pointed out, that she ventured to do so in the company of her two daughters. It is alleged by the petitioner that on 11.12.2013, respondent no.3 - Justice A came close to her and whispered in her ear, that he missed the opportunity of viewing her sexy and beautiful figure dancing on the floor. It is the petitioners assertion, that respondent No.3 also told the petitioner, that he wished he could see her dancing. The petitioner claims that she was appalled by the above behaviour of respondent no.3, and therefore, she left the party along with her two daughters, with tears in her eyes.  (ii). The factual position narrated above, pertaining to the telephonic conversation with the wife of the Chief Judicial Magistrate, Gwalior has been denied by respondent no.3. For this, respondent no.3 has appended the affidavit of the wife of the Chief Judicial Magistrate, Gwalior as Annexure R-16 with his counter-affidavit. In her affidavit, it is inter alia asserted, that she had neither called the petitioner on 8/9-12-2013, nor had she told the petitioner that respondent no.3 - Justice A was eager to watch her perform a dance on an. The other assertions at the behest of the petitioner, narrated in the foregoing paragraph have also been denied by respondent no.3. It is the pointed contention of respondent no.3, that there was no occasion for him to personally interact with the petitioner on 11.12.2013. It is also the assertion of respondent no.3, that the function of 11.12.2013 was video-graphed, which shows that the petitioner enjoyed her dinner and was seen talking to other invitees.  (iii). Addl.D&SJ X has also asserted, that in January 2014, respondent no.3 had sent messages to her through the District Registrar, asking the petitioner to meet him, at his residence. It is the contention of the petitioner, that knowing that respondent no.3 - Justice A usually lived alone, she avoided going to his residence. As per the understanding of the petitioner, thereafter respondent no.3 started showing abnormally high interest in her work, and also started making sexually coloured remarks, at her. Illustratively, referring to the occasion of a marriage party of a judicial officer on 22.2.2014, it is asserted, that respondent no.3 in the presence of the petitioners 16 years old daughter, told her thath your work is very good, but you are far more beautiful than your. It is contended, that he further went on to say, that looking at the petitioner, one does not desire, even to blink ones eyes. It is averred, that the above remarks were made, while respondent no.3 – Justice A sized up the petitioner from head to toe. It is also the pointed assertion of the petitioner, that while making the above remarks, respondent no.3 - Justice A, put his hand on her back. It is sought to be asserted, that the above behaviour of respondent no.3, discomforted the petitioner as well as her daughter. It is also pointed out, that the petitioner indicated to respondent no.3, that his advances were not welcome. Thereafter, the petitioner along with her daughter, left the marriage party.  (iv). The factual position as recorded in the foregoing paragraph has been denied by respondent no.3 in the counter-affidavit filed by him. It is also asserted, that respondent no.3 did not even meet the petitioner, at the aforesaid marriage party. It is sought to be asserted in the counter-affidavit filed on behalf of respondent no.3, that he is in possession of the videography of the marriage function in question, which can be produced by him.  (v). Another instance referred to by the petitioner in the writ petition, relates to a farewell party organized by the District Judiciary, on the occasion of the retirement of a Judge from the Gwalior Sessions Division. It is asserted, that all sitting Judges of the Gwalior Bench of the High Court, had been invited. On the said occasion, it is asserted, that respondent no.3 - Justice A, continuously stared at the petitioner. The petitioner claims, that sensing the attitude of respondent no.3 and given his past conduct, the petitioner left the farewell party before respondent no.3 could make any advances at her.  6. In the counter-affidavit filed on behalf of respondent no.3, the facts narrated in the foregoing paragraph have been expressly denied. It has been asserted, that respondent no.3 had never inter-acted with the petitioner personally, except when the petitioner had herself made three calls to him for her own problems.  7(i). The next component of the narration in the writ petition deals with the consequences which the petitioner had to suffer for not responding to respondent no.3 - Justice As advances. First and foremost, it is asserted, that respondent no.3 started subjecting the petitioner to intense surveillance and harassment, in his capacity as Administrative Judge of Sessions Division, Gwalior from April 2014 onwards. It is submitted, that the aforesaid surveillance/harassment was effectuated through the District Judge, the District Judge (Inspection), and the District Registrar. It is pointed out, that the District Judge and the District Judge (Inspection) visited the petitioners court room with unusual frequency. Sometimes, on an hourly basis. At times, within a few minutes of her commencing court work. Sometimes, minutes after her rising for lunch. At other times, minutes after her resuming court work after lunch. And also after the petitioner had risen at the end of the days work. It is also asserted, that the District Judge, Gwalior would depute his staff to check the petitioner during court working hours. On certain occasions, this happened even during in-camera trials. When deputed by the District Judge, his staff, at times, would even snatch board-diaries of cases pending in her court. It is the petitioners contention, that no fault could ever be found insofar as the discharge of duties and the responsibilities of the petitioner were concerned. It is the contention of the petitioner, that all these inspections were not carried, for the purpose contemplated under the Madhya Pradesh Rules (Criminal) Inspection of Criminal Courts (for short, the Rules). Relying on Rule 703 of the Rules, it is asserted, that these actions were only for harassing the petitioner.  (ii). In the context of harassment, it is also averred in the writ petition, that the petitioner availed casual leave in May 2014, to attend a family event in New Delhi. During the above leave period, a stenographer attached to the petitioners court, was posted elsewhere for a full day, on the instructions of the District Judge. It is pointed out, that this was done despite the express request made by the petitioner to the Court Manager, that the concerned stenographer had to type several judgments, which the petitioner had dictated, before proceeding on leave. Even otherwise, it is pointed out, that according to the orders of the District Judge (dated 25.4.2014), such posting is permissible only for half a day. On account of the above interference in the discharge of her official functioning, the petitioner addressed a complaint dated 12.5.2014 to the District Judge against the Court Manager. In her complaint, the petitioner also highlighted the fact that the Court Manager usually refused to provide alternative staff to the petitioner, when staff attached to the petitioner was on leave. According to the petitioner, rather than taking action against the Court Manager, the District Registrar issued a notice to the concerned stenographer, asking him to show cause why he had not disclosed the extent of pending dictation work, with reference to the petitioners court. The concerned stenographer was asked to file his reply, within three days. It is averred, that the petitioner again approached the District Judge on the above issue. Rather than appreciating the predicament of the petitioner, the District Judge informed the petitioner, that if she said anything, he would spoil her confidential report. It is also averred, that the District Judge advised her to make a complaint to the Administrative Judge (respondent no.3) if she had any problem with the system. According to the petitioner, given aforesaid circumstances, she contacted respondent no.3 - Justice A on his mobile phone on 30.5.2014. Respondent no.3, it is averred, informed her, that he could not speak to her as he was not in station.  (iii). Another instance of harassment and victimization pointed out by the petitioner emerges from the fact, that the peon provided to the petitioner at her residence was diagnosed with a likelihood of cancer on 12.5.2014. The concerned peon sought leave for treatment, at Mumbai. Despite several oral requests, no substitute was provided to the petitioner. Therefore, on 20.5.2014, the petitioner sent a letter to the District Judge, Gwalior, requesting him to provide a peon at her residence, out of the surplus staff. Even though the petitioner was entitled to a full time peon at her residence, on 22.5.2014, the District Judge made provision for a temporary peon for two hours (from 9 a.m. to 11 a.m.).  (iv). In order to further demonstrate victimization, it is pointed out, that the petitioner was suddenly and unceremoniously transferred mid-session on 8.7.2014. It is further pointed out, that general transfers are made every year, in March/April. It is the case of the petitioner, that when annual general transfers were made in 2014, the petitioner had not completed the stipulated tenure of service, and accordingly, was not subjected to transfer. Mid-session transfer, according to the petitioner, is almost impermissible, and as such is extremely rare, and is effected only for compelling reasons. In order to demonstrate the assertion of victimization, it is pointed out, that the petitioner was transferred to Sidhi, a remote place in Madhya Pradesh. According to the petitioner for her posting, Sidhi was deliberately chosen, to prevent her husband from visiting her on week ends, because of its non-connectivity. It is also pointed out, that Sidhi was chosen because the area is well known to be naxal affected and it would be difficult for the petitioner to work, at that station. It was also pointed out, that the said transfer was in violation of the transfer guidelines/policy of the High Court. (guidelines/policy appended to the petition, as Annexure P-27). On the very next day, after the receipt of the transfer order dated 8.7.2014, i.e., 9.7.2014, the petitioner-Addl.D&SJ X, addressed a representation to the Registrar General of the High Court, seeking eight months extension.  The aforesaid extension was sought because the petitioners daughter was to take Board examinations of Class XII. It was also pointed out, that under the transfer policy/guidelines, in case daughter of a judicial officer is to take Board/University examinations, the officer is not to be transferred till the end of the academic session. Having submitted the aforesaid representation, it is the case of the petitioner, that she contacted respondent no.3 - Justice A, in his capacity as Administrative Judge of her Sessions Division, and pleaded with him that her transfer be deferred for the sake of her daughter, who was to take the Class XII Board examination. In the pleadings the petitioner asserted, that respondent no.3 mockingly reacted to the petitioners request by telling her that she had not fulfilled his desires, she had not visited his residence alone to meet him even once, and therefore, this order of transfer was before her. He further told the petitioner, that he would finish her career completely.  It is submitted that the petitioners representation dated 9.7.2014, was declined on 11.7.2014.  8. All the facts narrated in the foregoing paragraph have been denied by respondent no.3 in his counter-affidavit. In response to the above averments, it is denied that respondent no.3 ever issued any instructions to the District Judge, District Judge (Vigilance) or the District Registrar in regard to surveillance of the professional work of the petitioner. It is denied, that the actions of respondent no.3, were responsible for the petitioners harassment. Justice A has denied having ever spoken to the officers referred to by the petitioner, with reference to the petitioner, on any of the issues raised by her. On the allegation of the petitioners intentional transfer to Sidhi in July, 2014, the Registrar General of the High Court has filed an affidavit dated 17.11.2014 acknowledging, that the exercise of annual transfers was carried out in March, 2014, but the petitioner was transferred in July, 2014. It is sought to be explained, that at the relevant time, the Transfer Committee of the High Court comprised of two senior Judges, which recommended the transfer of two Additional District & Sessions Judges, namely, Shri Manoj Kumar Tiwari and Shri Rajeev Kumar Singh, to Sidhi in March 2014. The recommendation of the Committee was accepted by the Chief Justice of the High Court, whereupon the said officers were transferred to Sidhi. Reciprocally, no Additional District and Sessions Judge was transferred out of Sidhi, at that juncture. The above transfers had been made on the basis of a request made by the District and Sessions Judge, Sidhi to handle the huge pendency of cases at Sidhi. Despite the transfer of two Additional District and Sessions Judges referred to above, the District and Sessions Judge, Sidhi made another request through his communication dated 9.6.2014 to post another two Additional District and Sessions Judges, at Sidhi. This requirement expressed by the District and Sessions Judge, Sidhi was considered by the Transfer Committee, along with similar other requests from other Sessions Divisions. On a fresh consideration, the Transfer Committee recommended the transfer of 28 judicial officers including 6 Additional District & Sessions Judges. The Chief Justice of the High Court approved the recommendations made by the Transfer Committee. The transfer of the petitioner-Addl.D&SJ X to Sidhi accordingly materialized. It is submitted that all the transfers, including that of the petitioner, were made in administrative exigencies, and not on extraneous consideration. Insofar as the representation made by the petitioner, dated 9.7.2014 seeking cancellation/deferment of order of her transfer is concerned, it is pointed out, that the same was placed before the Transfer Committee. The Transfer Committee, vide its resolution dated 11.7.2014, recommended the rejection of the representation. The said recommendation was approved by the Chief Justice of the High Court on 11.7.2014 itself. With reference to the petitioners representation dated 11.7.2014, it is pointed out, that the same was also placed before the Transfer Committee. The Transfer Committee vide its resolution dated 14.7.2014, recommended the rejection of the second representation. The recommendation made by the Transfer Committee, was again approved by the Chief Justice of the High Court on 14.7.2014. It is pointed out, that on the very next day, i.e., 15.7.2014, the petitioner tendered her resignation.  9(i). The next component of the narration in the writ petition, relates to the measures adopted by the petitioner. In this behalf, it is asserted, that the petitioner along with her husband traveled to Jabalpur on 1.6.2014. The sole purpose was to discuss the afore-stated issues with a senior Judge of the High Court. After the petitioner narrated her version to the senior Judge, she was informed by the senior Judge, that he knew respondent no.3 - Justice A, and promised to intervene in the matter. He assured the petitioner, that he would arrange a meeting between the petitioner and respondent no.3 at Gwalior (during a forthcoming marriage in the 2nd week of June, 2014).  (ii). From 11.4.2014 to 14.7.2014, the petitioner claims that she spoke to the Private Secretary to the Chief Justice of the High Court, for seeking an audience with the Chief Justice of the High Court. According to the pleadings in the writ petition, on 13.7.2014, the Private Secretary informed the petitioner that the Chief Justice had refused to give her an appointment. The Private Secretary however reassured her, that he would make yet another effort to procure her an appointment for the following day, and was hopeful to manage the same. He had also informed the petitioner that he would convey the outcome. On 14.7.2014, since the petitioner did not receive any message from the Private Secretary, she sent a message to him inquiring about the outcome of his efforts. Learned counsel, during the course of hearing, submitted that the Private Secretary did not contact the petitioner thereafter. In support of the assertion, that the petitioner was seeking an appointment with the Chief Justice of the High Court, it is asserted, that as the Private Secretary was hopeful of getting her an audience with the Chief Justice, she purchased two railway tickets for 14.7.2014 to travel from Gwalior to Jabalpur, in the company of her husband. These tickets were in addition to the tickets purchased by her to make a similar journey on 11.7.2014 to meet senior Judges of the High Court. Copies of both sets of tickets have been appended to the writ petition.  (iii). It is the pleaded case of the petitioner, that on the following day, after the petitioner met respondent no.3 - Justicei.e., on 11.7.2014, the petitioner visited a number of senior Judges of the High Court. She was advised to make another representation seeking deferment of her transfer, which she did on 11.7.2014 itself. Some of them urged the petitioner to have faith in the system, and to await the outcome of her second representation. The petitioners second representation, was declined through a communication dated 11.7.2014.  10. According to the petitioner, having been subjected to victimization and harassment, the petitioner submitted her resignation from the post of Additional District and Sessions Judge, on 15.7.2014. The aforesaid resignation was addressed to the Registrar General of the High Court. In her resignation, the petitioner expressly mentioned about her elder daughter studying in Class XII. It was submitted, that no reference to the sexual harassment suffered by her was made in the resignation letter, as the same would have been embarrassing for the petitioner. It was pointed out that the resignation submitted by the petitioner, was accepted on 17.7.2014 by the Legal and Legislative Work Department of the State Government. On the issue of the petitioners resignation, the position explained in the reply filed on behalf of respondent no.1 is, that the petitioners resignation was received in the office of the Registrar General of the High Court on 15.7.2014. The same was placed for consideration of the Chief Justice of the High Court on 16.7.2014. The Chief Justice recommended the acceptance of the resignation to the State Government. The State Government accepted the petitioners resignation on 17.7.2014.  11. Having suffered extreme vilification at the hands of her superiors, for having not been afforded even an opportunity of being able to express her difficulties, the petitioner sent a representation to the President of India, the Chief Justice of India and the Chief Justice of the High Court on 1.8.2014. In her representation, the petitioner inter alia sought the following reliefs:Appropriate action be taken, after a fact-finding.  2. Re-consider the circumstances under which the Petitioner was coerced and exerted a great duress upon, until the only option she had was to resign.  3. Institute an appropriate mechanism for redressal of grievances like the above, of sub-ordinate services judicial officers.12. Another relevant fact, which has not been disclosed in the writ petition, and which has emerged from the reply filed on behalf of respondent no.1-the Registrar General of the High Court, needs to be recorded here to complete the sequence of events. It is pointed out on behalf of respondent no.1, that the petitioner had never disclosed the factum of sexual harassment in any of the numerous communications addressed by her to the High Court. It is pointed out, that the factum of sexual harassment had not even been incorporated in the petitioners resignation letter. In the reply filed by respondent no.1, it is sought to be asserted, that the allegations of sexual harassment were recorded by the petitioner, for the first time, in her representation dated 1.8.2014, which was addressed to the Chief Justice of India. It is also sought to be asserted, in the reply filed on behalf of respondent no.1, that the nature of allegations of sexual harassment levelled by the petitioner came to the knowledge of the Chief Justice of the High Court through a newspaper item published on 4.8.2014 in the Times of India. It is averred in the reply filed on behalf of respondent no.1, that respondent no.3 - Justice A, addressed a letter to the Chief Justice of the High Court with reference to the news item dated 4.8.2014. The news item as well as the letter received from respondent no.3 were sent by the Chief Justice of the High Court, by a special messenger, to the Chief Justice of India. Respondent no.1, i.e., the Registrar General of the High Court, on being directed by the Chief Justice of the High Court, issued the following press release on 4.8.2014:13. According to the averments made in the reply filed on behalf of the Registrar General of the High Court, a sealed envelope was received from the office of the Chief Justice of India in the High Court on 7.8.2014. From the record made available, it is apparent that the Chief Justice of the High Court, keeping in view the sensitivity and seriousness of the matter, invited the two senior most judges of the High Court and the Registrar General of the High Court. All decisions in the matter were made collectively, in the best interest of all concerned. In furtherance of the communication received from the Chief Justice of India, the Chief Justice of the High Court constituted a two-member senior judges Enquiry Committee (one of whom was a lady judge), to make a confidential and discreet inquiry, and to submit a report. A senior lady Additional District and Sessions Judge, was nominated by the Chief Justice of the High Court, for secretarial assistance of the14. Consequent upon the nomination of the, the petitioner received (via e-mail) a notice from the Secretary of the Committee constituted by the Chief Justice of the High Court on 12.8.2014, requiring her to appear for a preliminary inquiry before theon 19.8.2014 at 10.30 a.m. The petitioner responded to the aforesaid notice vide her reply dated 14.8.2014 (via e-mail and speed post) requesting for information, as to under what authority of law thehad been constituted. In order to ensure, that the deliberations assigned to the Committee constituted by the Chief Justice of the High Court were fair, the petitioner, through her above reply dated 14.8.2014, requested that administrative functions be withdrawn from respondent no.3 - Justice A. She also sought the transfer of the District Judge, the District Judge (Inspection) and the District Registrar posted at Gwalior, so that her witnesses could depose freely and fairly before the. In a response dated 14.8.2014 (sent via e-mail), the petitioner was informed, that the Chief Justice of the High Court had set up theto conduct a preliminary inquiry into the allegations levelled against respondent no.3. On 19.8.2014, the petitioner submitted her second reply (via e-mail as also via speed post) stating that her request for withdrawal of administrative work from respondent no.3 - Justice A and her request for transfer of judicial officers from Sessions Division, Gwalior had remained unaddressed. She also pointed out, that the procedure envisaged by the Supreme Court in the decision rendered in C. Ravichandran Iyer v. Justice A.M. Bhattacharjee (1995) 5 SCC 457 , was not being followed, inasmuch as the Chief Justice of the High Court was to conduct a discreet inquiry at his own and that she could not be required to appear before thefor a preliminary inquiry. In support of the original complaint submitted by the petitioner, on this occasion she also enclosed a sworn affidavit, affirming the factual position expressed in her complaint.  15. The determination of the present controversy, will emerge from the factual position projected by the rival parties which has been summarized above.  16. It would be pertinent to mention, that the main submission advanced at the hands of the learned counsel for the petitioner was, that the proceedings being conducted in the matter, are not in consonance with theadopted by this Court for taking suitable remedial action against judges, who by their acts of omission or commission, do not follow the accepted values of judicial life, including the ideals expressed by the Supreme Court in thet of Values of Judicial. The projection of the aforesaid contention, we felt, would not require an insight into the allegations made by Addl.D&SJ X, or even the response of Mr. Justice A. However, the submissions, as they have emerged during the course of hearing, reveal that the same also require to be considered. We also felt, after hearing submissions advanced on behalf of the rival parties, that the steps taken by the Chief Justice of the High Court, also needed a closer examination, for an effective and fruitful consideration of the controversy in view of the sensitivity and seriousness of the matter.

Reasoning:
34. We have given our thoughtful consideration to the main contention advanced at the hands of the learned counsel for the petitioner. In the process of examining the, we have had the occasion to appreciate the invaluable contribution made by three Judges of this Court, two of whom adorned this Court as Chief Justices, and two Chief Justices of High Courts, one of whom was later elevated as a Judge of this Court. The, did not overlook any relevant aspect. The sensitivity of the matter was kept in mind. The individual integrity of the parties was taken care of. The parties concerned were assured, that all efforts would be made to unravel the truth. The procedure devised ensured the preservation of institutional reputation, as well. In dealing with complaints made against sitting judges of High Courts, the onus of recording a prima facie view, was vested with the Chief Justice of the concerned High Court. Participation in the investigative process, at the hands of any other judge of the same High Court, was sought to be excluded. The exclusion of judges of the same Court from the investigative process, was also well thought out. In certain situations it may be true, as pointed out by the learned counsel for the petitioner, that judges of the same Court being colleagues of the concerned judge, would endeavour to exculpate him from his predicament. It is not as if, the position could not be otherwise. Animosity amongst colleagues is not unknown. Reasons of competitiveness, jealousy and the like are known amongst colleague judges, specially from the same High Court. By excluding judges of the concerned High Court (as the judge complained against), is bound to be beneficial, in both the situations, referred to above. The Chief Justice of the High Court, being a Judge from another State, would be shorn of any such prejudices. Moreover, being a man on the spot, he would be most suited for the purpose35. A perusal of theapplicable to sitting judges of High Courts reveals, that the same is compartmentalized into two stages. Through the first stage, the prima facie veracity of the allegations, contained in the complaint is ascertained. If so, whether a deeper probe is called for. The first stage does not contemplate an in-depth examination of the allegations. It requires merely an assessment based on the contents of the complaint, and the response of the concerned judge. All that the Chief Justice of the High Court is required to do, is to determine whether a deeper probe is required. This is to be done, on the basis of a logical assessment made on a consideration of the response of the concerned Judge (with reference to the allegations levelled in the complaint)38. It is apparent from the, for sitting High Court Judges, that the role of the Chief Justice of the High Court, is limited to the first three steps. We are satisfied, that the main contention advanced by the learned counsel for the petitioner, relying on theis fully justified. There can be no doubt, that it was not open to the Chief Justice of the High Court, either to constitute the, or to require the, to hold an inquiry into the matter, by recording statements of witnesses. The role of the Chief Justice of the High Court, being limited to the first stage of the investigative process, during which the only determination is, whether a prima facie case is made out requiring a deeper probe; the Chief Justice of the High Court had exceeded the authority vested in him under the. It is only in the second stage of the investigative process, that the Chief Justice of India, is to constitute afor holding a deeper probe, into the allegations levelled in the complaint. Learned counsel for the petitioner, was fully justified, in submitting, that theconstituted by the Chief Justice of the High Court, was beyond the purview of the39. Having examined the facts and circumstances of the case, we are of the view, that by not strictly abiding by the procedure contemplated under theevolved by this Court, the Chief Justice of the High Court, introduced serious infirmities in the investigative process. These infirmities were of the nature which were sought to be consciously avoided under the. We may mention a few. It is apparent, that thecontemplated an independent holistic two-stage process. We have described hereinabove, that the first stage comprises of steps one to three. The first stage is limited to a prima facie consideration, at the hands of the Chief Justice of the High Court, for determining whether a deeper probe into the matter was required43. It is essential for us to record a finding even on the last contention advanced at the hands of the learned counsel. We say so, because according to the learned counsel for the petitioner, it would not be proper, in the facts and circumstances of this case, to reinitiate the process expressed in the, through the Chief Justice of the High Court. It seems to us, that there is merit in the instant contention. Undoubtedly, the Chief Justice of the High Court has adopted a position, in respect of some aspects of the matter, contrary to the position asserted by the petitioner. Truthfully, even though these facts do not have any direct bearing on the allegations levelled against respondent no. 3, yet when examined dispassionately, the fact of the matter is that the Chief Justice of the High Court, personally perceived certain facts differently. These facts are personal to the Chief Justice of the High Court, namely, whether attempts were made by the petitioner to meet the Chief Justice of the High Court, and whether he declined such attempts. In the above view of the matter, we are of the considered view, that it may not be appropriate, in the facts and circumstances of the present case, to associate the Chief Justice of the High Court with the investigative process. It is not as if, there is any lack of faith, in the Chief Justice of the High Court. It is also not as if, there is any doubt in our mind, about the righteousness of the Chief Justice of the High Court. The issue is that of propriety. To the credit of the Chief Justice of the High Court, we may also observe, that he may have adopted the present procedure, just for the reasons indicated above, namely, to keep himself out of the fact finding process, so as to arrive at a fair and just decision. But that is inconsequential. We are accordingly further satisfied in concluding, that following thestrictly by associating the Chief Justice of the concerned High Court, would not serve the contemplated purpose, insofar as the present controversy is concerned45. In view of the consideration and the findings recorded hereinabove, we may record our general conclusions as under:framed by this Court, consequent upon the decision rendered in C. Ravichandran Iyers case (supra) can be adopted, to examine allegations levelled against Judges of High Courts, Chief Justices of High Courts and Judges of the Supreme Court of India(ii) The investigative process under thetakes into consideration the rights of the complainant, and that of the concerned judge, by adopting a fair procedure, to determine the veracity of allegations levelled against a sitting Judge. At the same time, it safeguards the integrity of the judicial institution(iii) Even though the said procedure, should ordinarily be followed in letter and spirit, the Chief Justice of India, would have the authority to mould the same, in the facts and circumstances of a given case, to ensure that the investigative process affords safeguards, against favouritism, prejudice or bias(iv) In view of the importance of the, it is essential to bring it into public domain. The Registry of the Supreme Court of India, is accordingly directed, to place the same on the official website of the Supreme Court of India46. In the facts and circumstances of the present case, our conclusions are as under:pertaining to a judge of a High Court, the limited authority of the Chief Justice of the concerned High Court, is to determine whether or not a deeper probe is required. The said determination is a part of stage-one (comprising of the first three steps) of the(elucidated in paragraph 37, hereinabove). The Chief Justice of the High Court, in the present case, traveled beyond the determinative authority vested in him, under stage-one of theThe Chief Justice of the High Court, by constituting a, commenced an in-depth probe, into the allegations levelled by the petitioner. The procedure adopted by the Chief Justice of the High Court, forms a part of the second stage (contemplated under steps four to seven -elucidated in paragraph 37, hereinabove). The second stage of theis to be carried out, under the authority of the Chief Justice of India. The Chief Justice of the High Court by constituting aclearly traversed beyond his jurisdictional authority, under theIn order to ensure, that the investigative process is fair and just, it is imperative to divest the concerned judge (against whom allegations have been levelled), of his administrative and supervisory authority and control over witnesses, to be produced either on behalf of the complainant, or on behalf of the concerned judge himself. The Chief Justice of the High Court is accordingly directed to divest respondent no.3 - Justice A, of the administrative and supervisory control vested in him, to the extent expressed aboveThe Chief Justice of the High Court, having assumed a firm position, in respect of certain facts contained in the complaint filed by the petitioner, ought not to be associated with thein the present case. In the above view of the matter, the Chief Justice of India may reinitiate the investigative process, under the, by vesting the authority required to be discharged by the Chief Justice of the concerned High Court, to a Chief Justice of some other High Court, or alternatively, the Chief Justice of India may himself assume the said role