Why in the news?
Around three years ago, a video allegedly showing a Delhi judge in a compromising position with a female staff member went viral, the inquiry of which held the lady innocent stating that the alleged video was flagged and there was no clear evidence that there was any wrongdoing on her part.
What was the video about?
The controversy draws back to the year of 2022 wherein a video went viral and surfaced the whole social media allegedly showing a judge of Delhi High Court with a female staff member. When the woman moved to Delhi High Court, the court ordered that all the posts carrying the alleged video must be blocked with immediate effect.
In March 2024, the department initiated against her a formal inquiry claiming that she had allegedly engaged in sexual activity with the presiding officer which clearly amounts to “gross immoral act, subversive of discipline” and constitute “gross misconduct” under Rule 3C of the CCS (Conduct) Rules, 1964, read with Rule 42 of the Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012. The inquiry was initiated by an officer of the rank of District Judge who was working as a Senior Personal Assistant to the judicial officer.
What was the contention of the alleged woman?
The lady countered the allegations by arguing that firstly the Rule 3C is meant to address cases of sexual harassment of women and therefore doesn’t apply to her case. Also, she argued that there existed no mention of any specific date or time in the alleged video and there were no direct witnesses and therefore the alleged video is fabricated.
She also highlighted the fact that the department relied upon the forensic report which did not come from any accredited laboratory and that no evidence was provided regarding who had recorded the video or by what means it reached the higher authorities.
What was the conclusion of the inquiry?
After examining all the evidence, the inquiry officer concluded that the department had failed to substantiate its allegations and could not prove that she had engaged in any objectionable act or even violated any service rules..
“In the facts and circumstances, in my humble opinion, the Department has failed to establish that the Delinquent Official Ms **** was seen in objectionable condition with his Presiding Officer in his chamber or otherwise. The Department has further failed to establish that she committed any immoral act or entered into any sexual activity with her Presiding Officer or with anyone else during office duty timings.”, the inquiry officer said.
The report further added, “No misconduct or immoral act, subversive to the discipline is established against her within the meaning of Rule 3 C of CCS (Conduct) Rules 1964 read with Rule 42 of Delhi District Courts Establishment (Appointment and Conditions of Service) Rules 2012.” The officer has further asked that all the allegations against the lady must be exonerated.
Author’s Information
Mansi, a third year law student currently studying at VIPS-TC under Guru Gobind Indraprastha University with a growing interest for legal research. She’s passionate about criminal justice, family law and advocacy for rights of women and children.