A Bench of Justices L Nageswara Rao and BR Gavai held that the resignation tendered by the judge was not voluntary but under coercion.
“The resignation cannot be construed to be voluntary. Order accepting resignation is quashed and set aside,” the Court ordered.
The Court directed reinstatement of petitioner with effect from July 2014 but also said that she will not be entitled to backwages.
The judge was serving as an Additional District and Sessions Judge when she resigned from service, after she was set to be transferred from Gwalior to Sidhi.
She had resigned saying that the transfer was malafide after she had rebuffed approach of the High Court judge.
She then moved a sexual harassment complaint against the High Court judge, Justice SK Gangele.
The same was probed by a parliamentary panel comprising headed by then Supreme Court Judge, Justice R Banumathi. The panel found that the allegations of sexual harassment were not proven. However, it concluded that the transfer of the complainant judge was irregular.
Subsequently, the judge filed the present plea seeking a declaration that her resignation from service was under coercion due to sexual harassment by the High Court judge. She also prayed for reinstatement to service.
She approached the Supreme Court after the Full Court of the Madhya Pradesh High Court rejected her request for reinstatement.
Source: Barandbench
