Sexual Harassment at Workplace by Judicial Officer Amaresh Patel LANDMARK JUDGMENT Fri, May 28, 2021, at ,10:16 AM Title of the Case – Sexual Harassment at Workplace by Judicial OfficerName of the case – P.S. Malik vs. High Court of Delhi & Anr., W.P. (C) No. 705 of 2018 (Delhi High Court)Date of Judgment – 21st August, 2019Judges: Justice Ashok Bhushan and Justice Navin SinhaSubject and sections involved – Sexual Harassment at WorkplaceIssue: Whether the High Court is a disciplinary authority of the petitioner, competent to initiate the disciplinary proceedings against the petitioner and suspend him as per Delhi Higher Judicial Service Rule, 1970 and All India Service (Discipline and Appeal) Rules, 1969? Whether the decision of the Full Court on 13th July, 2016 initiating enquiry against the petitioner and placing him under suspension was beyond jurisdiction? Whether the Preliminary Inquiry Report submitted by Internal Complaints Committee dated 05th Nov, 2016 ought to have been supplied to the petitioner and non-supply of such Preliminary Inquiry Report dated 05th Nov, 2016 vitiated the entire proceedings? Fact of the Case: Lady Junior Judicial Assistant has filed a complaint addressed to the Chief Justice of High Court of Delhi alleging sexual harassment at workplace by P.S. Malik, Judicial Officer in Delhi Higher Judicial Services. When the matter reached the Full Court, the Judicial Officer was placed under suspension with immediate effect pending disciplinary proceeding contemplated against him. The Judge approached the Supreme Court under Article 32 of the Constitution for directing certiorari and quashing the charge sheet. Ratio of the case - The division bench of Delhi High Court while dismissing a writ petition filed by a Judicial Officer of Delhi Higher Judicial Services, who is facing disciplinary proceedings alleging sexual harassment, observed that provision of Section 11 & 13 in no manner affect the control of the High Court under Article 235, which it has with respect to judicial officer. It said, “The power to suspend the judicial officer vests in the High Court. The Full Court of the High Court is in no manner precluded from initiating disciplinary inquiry against the petitioner and placing the petitioner under suspension on being satisfied that sufficient material existed. The High Court in its meeting dated 19th July, 2016 has resolved to send the complaint of the employee to the Internal Complaints Committee and the Internal Complaints Committee having opined that inquiry need to be held, further steps were taken accordance with Act, 2013.” With regard to the third issue, the bench noted that under Section 11 (1) in the second proviso, the only contemplation is to make available a copy of the findings. Thus, when the report in which there are no findings, the parties are not entitled to have the copy.