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Supreme Court of India 2019-08-21 dismissed

P. S. MALIK vs HIGH COURT OF DELHI

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

A judicial officer of Delhi High Court challenged disciplinary proceedings initiated against him for alleged sexual harassment. The High Court had suspended him and appointed an Internal Complaints Committee under the Sexual Harassment Act. The Supreme Court held that the High Court, under Article 235 of the Constitution, is the sole disciplinary authority over judicial officers and has power to initiate proceedings and impose suspensions. The Sexual Harassment Act's provisions do not limit this constitutional power. The preliminary inquiry report need not be disclosed as it contained only opinion, not findings. The substantive inquiry report was supplied. The petition was dismissed.

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Judicial Service Disciplinary Proceedings Sexual Harassment at Workplace Constitutional Law Administrative Law Article 235

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