Additional District And Sessions ... vs Registrar General, High Court Of Madhya ...

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.

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

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 "item-song", 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 petitioner's 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 "item-song". 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 petitioner's 16 years old daughter, told her that "although your work is very good, but you are far more beautiful than your work". 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.

(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.

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 A's 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 petitioner's 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 day's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 petitioner's 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 "early next morning". 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 - Justice 'A" i.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 petitioner's 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 petitioner's resignation, the position explained in the reply filed on behalf of respondent no.1 is, that the petitioner's 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 petitioner's resignation on 17.7.2014.

15. The determination of the present controversy, will emerge from the factual position projected by the rival parties which has been summarized above.

(4) For conducting the inquiry the Committee shall devise its own procedure consistent with the principles of natural justice.

In the opinion of the Committee misconduct disclosed is so serious that it calls for initiation of proceedings for his removal.

In view of the foregoing, it is requested that proceedings for removal of Justice Soumitra Sen be initiated in accordance with the procedure prescribed in the Constitution.

With warm regards, Yours sincerely Sd/-

(K.G. Balakrishnan) Hon'ble Dr. Manmohan Singh, Prime Minister of India, 7, Race Course Road, New Delhi-110011."

24. It is, therefore, apparent that the seeds of the "in-house procedure"

In case of (i) above, the Chief Justice of the High Court shall examine the contents of the complaint, at his own, and if the same are found to be frivolous, he shall file the same.

In case of (ii) and (iii) above, the Chief Justice of India shall similarly examine the contents of the complaint, by himself, and if the same are found to be frivolous, he shall file the same.

Step five: The "three-member Committee" constituted by the Chief Justice of India, shall conduct an inquiry, by devising its own procedure, consistent with the rules of natural justice. On the culmination of the inquiry, conducted by the "three-member Committee", it shall record its conclusions. The report of the "three-member Committee", will be furnished, to the Chief Justice of India. The report could lead to one of the following conclusions:

45. In view of the consideration and the findings recorded hereinabove, we may record our general conclusions as under:

46. In the facts and circumstances of the present case, our conclusions are as under:

47. Liberty was sought by the learned counsel for the petitioner, to raise all remaining issues raised in the writ petition, through a separate petition. Leave and liberty sought, is granted. The instant petition is disposed of, in the above terms.

December 18, 2014.