The Supreme Court Friday listed before a new bench the plea of a former woman judicial officer seeking reinstatement after having resigned following an inquiry into her allegations of sexual harassment against a sitting high court judge.
The top court referred the matter to a new bench after a three-judge bench of Justices A K Sikri, S A Nazeer and M R Shah, which had been dealing with the plea, recused itself Thursday from further hearing in view of their suggestion asking the Madhya Pradesh High Court to re-consider its earlier order not to take back the judicial officer back in service.
A bench headed by Chief Justice Ranjan Gogoi took note of the submission of senior advocate Indira Jaising, the counsel for the former judicial officer, that the case to assigned to other bench.
"On mentioning, the matter is taken on Board. List the matter on March 1, 2019 before the bench presided over by Justice S A Bobde," said the bench, also comprising Justice Sanjiv Khanna.
A bench headed by Justice Sikri, on February 13, had requested the "Full Court of the High Court to reconsider the matter" and made clear that its order was passed without prejudice to the rights and contentions of both the parties.
The Madhya Pradesh High Court yesterday informed it that the "Full Court of the High Court after reconsideration has also decided to stand by its earlier decision" of not taking the officer back in service.
While recusing itself, the bench had said: "This bench feels that having regard to the nature of the order passed on February 13, this bench should not deal with the matter on merits now.
"This decision is taken notwithstanding the statement of the senior counsel appearing on both sides that they have full faith and trust in this Bench. The matter be listed before another bench, subject to the orders of the Chief Justice of India."