CDR YOGESH MAHLA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9295/2025, CAV 244/2025, CM APPL. 39326/2025, CM APPL. 39327/2025 & CM APPL. 39328/2025 CDR YOGESH MAHLA .....Petitioner Through: Mr. Akshay Bhandari, Adv. Col. Mukul Dev. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Tiwari, CGSC with Ms. Avshreya Pratap Singh Rudy, SPC, Mr. Shivan Sachdeva, GP, Mr. Ayush, Ms. Ayushi, Ms. Usha Jamnal, Ms. Harshita Chaturvedi, Advs. for UOI. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.07.2025 C. HARI SHANKAR, J. 1. This writ petition, under Article 226 of the Constitution of India, assails judgment dated 30 May 2025, passed by the Principal Bench of the Armed Forces Tribunal1 in OA 1024/20252. 2. Following a complaint lodged by a lady officer whom we would, for obvious reasons, anonymise and refer to as X, of sexual 1 “the Tribunal”, hereinafter 2 42605-B CDR Yogesh Mahla v UOI W.P.(C) 9295/2025 Signature Not Verified Page 1 of 18 Signed By:AAKANSHA SHARMA Signing Date:15.07.2025 11:01:14 harassment at the hands of the petitioner during his tenure as a Commander at the Naval Dockyard, Vishakhapatnam, an inquiry was initiated and conducted by the Internal Complaints Committee 3 in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 20134. 3. Consequent on the ICC returning its findings, a show cause notice dated 5 March 2025 was issued to the petitioner, containing various articles of charge and requiring the petitioner to tender his response thereto. The show cause notice was issued by the Chief of Naval Staff. 4. Given the nature of the order we are passing today, it is not necessary for us to reproduce the charges against the petitioner. Suffice it to