Restitution provisions place a disproportionate burden on women and violate Articles 14 and 15(1) of the Constitution, say petitioner
The Bench emphasised that the issue was about a good judicial officer who seeks to join service again. Justice Sikri, in the first of its kind order, the bench passed an order requesting the High Court to hold a full court enquiry and come back within a week, with a decision on her reinstatement with seniority. They pointed out that video conferencing facilities were available in the High Court and there should be no logistical problem in taking a decision as soon as possible. If indeed the High Court agrees to reinstate her with seniority but without back wages, it will indeed set a precedent for women in the judiciary and ensure a working environment free form discrimination.