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Supreme Court of India 2019-08-21 dismissed

P.S. Malik vs High Court of Delhi & Anr

Bench: 2 — Ashok Bhushan

In Brief

A judicial officer challenged the Delhi High Court's decision to suspend him and initiate disciplinary proceedings for alleged sexual harassment of a female staff member under the 2013 Act. The petitioner contended the High Court lacked jurisdiction and that the preliminary inquiry report should have been supplied. The Supreme Court held that under Article 235 of the Constitution, the High Court has exclusive disciplinary control over judicial officers and can initiate proceedings and suspend them pending inquiry. The Act does not diminish these constitutional powers. The preliminary inquiry report, containing only an opinion to proceed with inquiry (not findings), need not be supplied. The petition was dismissed."

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Constitutional Law Judicial Officers Sexual Harassment Disciplinary Proceedings Administrative Law Article 235

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