Senior judge sending flirtatious WhatsApp messages to junior judge unacceptable: Supreme Court

The Supreme Court on Tuesday observed that a senior judicial officer sending flirtatious messages over WhatsApp to a junior judicial officer is unacceptable and inappropriate (Shambhoo Singh Raghuvanshi v. The High Court of Madhya Pradesh)..While observing the same, a Bench headed by Chief Justice of India SA Bobde expressed its disinclination to quash the disciplinary proceedings initiated by the Madhya Pradesh High Court against senior district judge Shambhoo Singh Raghuvanshi, based on a sexual harassment complaint by the junior judicial officer to whom the messages were sent..The top court took this stance despite the fact that the junior judicial officer had withdrawn her complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). .“To flirt with a junior official is not an acceptable conduct for a judge,” CJI Bobde remarked..Senior Advocate Ravindra Shrivastava, who was appearing on behalf of the High Court, said that the accused judge had accepted that he had sent the WhatsApp messages and such conduct will make the atmosphere inconducive for judicial work. Shrivastava further said that the High Court’s departmental proceedings are independent of the POSH complaint.The top court therefore expressed its inclination to allow the High Court to continue with the disciplinary proceedings initiated against the judge since he had accepted that he sent the messages..“You may withdraw this petition, otherwise we will make sweeping observations,” the Bench said..To flirt with a junior official is not an acceptable conduct for a judge.Chief Justice of India SA Bobde.Senior Advocate R Balasubramanium, who was representing the accused, sought one week’s time to take instructions in the matter. The request was allowed by the Court..During the hearing, the Court also took exception to the tendency to make allegations against persons when they are slated for elevation as judges..“It has become ubiquitous for people to start making allegations before elevation of a judge. All kinds of allegations are made against all kinds of people” said CJI Bobde..But he immediately clarified that there cannot be a generalisation, particularly in the present case, wherein WhatsApp messages have been produced on oath as evidence. .“In this case, there has been an allegation. There are WhatsApp messages produced before a District Judge on oath," CJI Bobde said. .Balasubramanium, however, submitted that once the complainant submits an application for conciliation, the matter, as per law, has to be closed..“You are right, but that pertains only to the matter under the POSH Act,” CJI Bobde responded, distinguishing the proceedings initiated by the High Court. .“We don’t want to hear this further. You make your choice," the Court said, adjourning the case for next week. It also clarified that no further adjournments will be granted. .The sexual harassment complaint against Singh was lodged in 2018. He had earlier approached the Supreme Court to quash the disciplinary proceedings initiated by the High Court, but the top court had declined to entertain the same, asking him to instead approach the High Court..The High Court had then rejected his plea, prompting him to file the present appeal before the Supreme Court.