Sending Offensive Messages And Flirting With A Junior Official Is Unacceptable

OVERVIEW

The Supreme Court while hearing a plea of a retired District Judge against the decision of the High Court of Madhya Pradesh to order an in-house departmental inquiry against him on grounds of sexual harassment, observed that to flirt with a junior official is unacceptable conduct for a judge.

The counsel of the former judge submitted that allegations related to sexual harassment had started only when he was in the zone consideration for elevation as a judge of the high court.

WHAT IS THE OPINION OF BENCH?

A bench headed by Chief Justice S A Bobde and comprising of justices A S Bopanna and V Ramasubramanian observed that this is an omnipresent phenomenon to raise complaints of all kinds of allegation are leveled in such cases. He also added that the main issue relates to whether the high court had the power to order the departmental inquiry.

The three-judge bench also took notice of the WhatsApp messages of the former judicial officer that were referred to his council for the High Court Registrar and stated that they were offensive and improper.

The bench after taking notice of the messages asserted that the former judge shall withdraw his plea against the High Court’s order and face the inquiry.

OTHER DETAILS

The counsel of the former judge, senior advocate R Balasubramanium stated that the woman officer had taken back her complaint under the Prevention of Sexual Harassment Act and therefore, proceedings by the High cannot be maintained.

As a reply to this, the apex court asserted that even though the complaint has been withdrawn it will not preclude the High Court to initiate separate inquiries.

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