- (1.) The present writ petition has been filed by a former Additional District and Sessions Judge of the Madhya Pradesh Higher Judicial Service. The factual narration in the writ petition incorporates allegations of sexual harassment aimed at the petitioner, at the behest of a sitting Judge of the High Court of Madhya Pradesh (herein after referred to as, 'the High Court'), who has been impleaded by name as respondent no.3. The authenticity of the allegations levelled by the petitioner, which have been expressly disputed by respondent no.3, would stand affirmed or repudiated only after culmination of due process. Such being the sensitivity of the matter, it would be inappropriate to disclose the identity either of the petitioner or of respondent no.3. In the title of the present writ petition, as also in its contents, the petitioner has been described as Additional District and Sessions Judge 'X'. We shall refer to her as Addl.D&SJ 'X'. This would help to preserve the dignity of the petitioner. Insofar as respondent no.3 is concerned, since he is a sitting Judge of the High Court, his reputation deserves a similar protection, we shall refer to him as Justice 'A'.
(2.) The averments made in the writ petition reveal that the petitioner having practiced as an advocate for fifteen years at Delhi, applied for appointment by way of direct recruitment to the Madhya Pradesh Higher Judicial Service. On the culmination of the process of selection, the merit list of the selected candidates was released on 22.3.2011. The petitioner was placed at serial no.2 in the merit list. She was accordingly appointed as District Judge (entry level) by the Madhya Pradesh State Legal and Legislative Works Department, vide order dated 8.7.2011. She was deputed for training on 30.7.2011 and was posted as Additional District and Sessions Judge, Gwalior.
(3.) The contents of the writ petition are systematically divided into various components. In the first part of the writ petition, the petitioner endeavours to demonstrate her efficient discharge of duties. For this, reliance has been placed on an order passed by the Sessions Judge, Gwalior dated 9.10.2012 (while exercising powers under Sections 408 and 409 of the Criminal Procedure Code), whereby all sessions cases, criminal appeals, criminal revisions and miscellaneous criminal cases etc. pending in the Court of the 2nd Additional Sessions Judge, were transferred to the Court of the petitioner. Relying on the above order, it is the petitioner's contention, that her superiors immediately recognized her professional caliber, and afforded her an opportunity to deal with the important and sensitive cases. On 23.1.2013, the Sessions Judge, Gwalior, nominated the petitioner for regular hearing and expeditious disposal of heinous and sensational cases involving offences of rape, gang-rape, rape with murder etc. under the Indian Penal Code. It is further brought out, that on 9.4.2013, the petitioner was appointed as the President of the Vishaka Committee (in compliance with the directions issued by this Court in Vishaka v. State of Rajasthan, 1997 6 SCC 241), by the District and Sessions Judge, Gwalior. It is also pointed out, that the High Court (in exercise of the power vested in it under Section 6(2) of the Madhya Pradesh Dekaiti Aur Vyapaharan Prabhavit Kshotra Adhiniyam, 1981) appointed the petitioner as "Special Judge" for dealing with matters falling in a defined area within the territorial jurisdiction of Gwalior Sessions Division. It is pointed out that again, through a notification dated 10.5.2013 (in exercise of the power under Section 9(3) of the Code of Criminal Procedure), the High Court designated the petitioner as "Presiding Officer" for speedy trial of offences of rape, gang-rape, murder with rape and other related offences. It is also the case of the petitioner, that the petitioner's performance came to be evaluated by the District and Sessions Judge in a report dated 5.1.2013. It is submitted, that thereafter in April 2013, the District Judge (Inspection and Vigilance) inspected the civil and criminal records and assessed the petitioner's performance.;