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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 serving in Delhi Higher Judicial Services challenged the High Court's initiation of disciplinary proceedings against him for allegations of sexual harassment at his workplace. The Supreme Court upheld the High Court's jurisdiction and authority. The Court held that under Article 235 of the Constitution, the High Court possesses exclusive disciplinary control over judicial officers and can initiate proceedings, suspend them pending enquiry, and impose various punishments. The Sexual Harassment Act did not diminish this constitutional power. The Court also rejected the petitioner's claim about non-supply of a preliminary inquiry report, holding that only final investigation reports containing findings need be shared. The writ petition was dismissed.

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Judicial Officers Disciplinary Law Sexual Harassment at Workplace Constitutional Law High Court Control Service Rules

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