NDLI: Ms. X Vs. Registrar General, High Court of Madhya Pradesh and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2017 Judicial Services – Madhya Pradesh Higher Judicial Services (recruitment and Conditions of Service) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Judicial Services – Madhya Pradesh Higher Judicial Services (recruitment and Conditions of Service) Rules, 2017 – Transfer Policy of Madhya Pradesh High Court – Clause 9, 9(a) – Additional District & Sessions Judge – Re-instatement in Service – Whether the resignation of petitioner was voluntary – As per the Petitioner (Additional District and Session Judge), she was sexually harassed by Justice ‘A’ and thereafter she was transferred to other district – She made a representation praying for an extension so that her daughter completes her academic session – Her representation was rejected – Consequent to which she resigned – Judges Inquiry Commission (JIC) cleared Justice ‘A’ of all charges – However, JIC found that the transfer of the petitioner was irregular and the petitioner should be re-instated in the service – Her representation to the Chief Justice of High Court for her reinstatement was rejected by the Full Court twice despite the request made by Supreme Court – Held: The transfer of the petitioner was effected mid-term though she could have very well been transferred in general transfers, to be effected in March-April – Neither the procedure as prescribed under Clause 9 of the Transfer Policy of obtaining the comments from the District Judge and the Portfolio Judge were complied with, nor the Transfer Committee considered the provisions of Clause 9(a) of the Transfer Policy – The rejection of the second representation depicts total non application of mind by the then RG as well as the then Judge of the Transfer Committee of the High Court – Respondent failed to take into consideration the factors, which were required to be considered, while deciding the representation – There is no hesitation in holding that the petitioner has established that her transfer order was in contravention of the Transfer Policy and that the rejection of her two representations, in addition of being contrary to the Transfer Policy, were also arbitrary – As such, the petitioner had discharged her burden and the onus is shifted on the respondent to show that the petitioner’s transfer order was fair and reasonable in the facts and circumstances of the case – Respondent has failed to discharge its burden – In the peculiar facts and circumstances of the case, the petitioner’s resignation, could not be construed to be voluntary – Therefore, resignation of petitioner is quashed and respondent is directed to re-instate the petitioner.Constitution of India – Art. 12 – High Court as a State – While exercising its functions on the administrative side, the MP High Court would also be a State within the meaning of Article 12 of the Constitution of India.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2022 INSC 171
Petitioner	Ms. X
Respondent	Registrar General, High Court Of Madhya Pradesh And Another
SCR	[2022] 15 S.C.R. 57
Judgement Date	2022-02-10
Case Number	1137

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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