42605-B Cdr Yogesh Mahla vs Union of India - POSH Act - AFT - Navy Regulations
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Section 18 ; Armed Forces Tribunal Act, 2007 - Section 14 ; Navy (Discipline and Miscellaneous Provisions) Regulations, 1967 - Regulation 216 : Regulation 216 is general in nature vis-à-vis any complaint that could be made against a naval officer or other persons serving the Navy whereas Section 18 is specific inasmuch as it is under a special enactment which enables a person who intends to assail the report and recommendations of the ICC to proceed under that provision to the Tribunal by filing an appeal under Section 18 of the POSH Act. (Para 23)
Case Info
Basic Case Details
Case name: 42605-B Cdr Yogesh Mahla vs Union of India & OthersNeutral citation: 2026 INSC 7Coram: Justice B.V. Nagarathna and Justice Ujjal BhuyanJudgment date: 20 January 2026 (New Delhi)
Statutes / Laws Referred
The judgment refers to the following laws and provisions:
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
- Section 13(3)(i)
- Section 14
- Section 17
- Section 18 (Appeal)
- Armed Forces Tribunal Act, 2007
- Section 14 (Jurisdiction, powers and authority in service matters)
- Navy Act, 1957
- Section 15(2) (Tenure of service – dismissal/discharge/retirement of officers and sailors)
- Navy (Discipline and Miscellaneous Provisions) Regulations, 1967
- Regulation 216 – Misconduct of officers – termination of service by Government on grounds of misconduct (sub‑regs (1), (2), (3), (5), (6))
- Indian Evidence Act, 1872
- Sections 123 and 124 (in the context of the Tribunal’s procedural powers under AFT Act s.14(4))
- Code of Civil Procedure, 1908 (via reference in AFT Act, s.14(4))
Three‑Sentence Brief Summary
The case concerns a naval officer, Cdr Yogesh Mahla, against whom an Internal Complaints Committee (ICC) under the POSH Act found allegations of sexual harassment proved, leading to a show cause notice proposing termination of service under Section 15(2) of the Navy Act read with Regulation 216. He challenged both the ICC report and the show cause notice before the Armed Forces Tribunal as an appeal under Section 18 of the POSH Act, but the Tribunal declined to interfere at the show cause stage, and the Delhi High Court held that no appeal under Section 18 lay to the Tribunal. The Supreme Court held that Section 18 of the POSH Act read with Section 14 of the AFT Act does permit such an appeal, set aside the orders of the Tribunal and High Court, restored the Original Application to the Tribunal for fresh adjudication on the ICC report and recommendations, and directed that the show cause notice not be acted upon in the meantime.
