VidhiSangh

Supreme Court of India · 21/08/2019

DR. P. S. MALIK versus HIGH COURT OF DELHI & ANR.

[2019] 12 S.C.R. 957 · 2019 INSC 936

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected limited jurisdictional objections to disciplinary proceedings against a Delhi judicial officer accused of workplace sexual harassment. The High Court’s constitutional disciplinary control authorised suspension and initiation of inquiry; the 2013 workplace statute did not remove that power. Non-supply of a preliminary report recommending inquiry caused no prejudice on these facts. Challenges to the charges, regular inquiry and final inquiry report were left open before the appropriate authority.

Issues

  1. Whether the High Court could suspend the judicial officer and initiate disciplinary proceedings notwithstanding the workplace sexual-harassment statute.
  2. Whether non-supply of the preliminary inquiry report vitiated proceedings.

Provisions considered

Held

Result

Writ petition dismissed subject to liberty to raise the remaining factual and legal pleas before the appropriate authority. No determination of the sexual-harassment allegations or of the reserved challenges to the regular inquiry and report.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 957.