Naveen Vedi v. Union of India & Ors.

1. The petitioner is presently facing General Security Force Court[1] proceedings pursuant to an allegation of sexual harassment levelled against him. By this petition, he prays that the ongoing GSFC proceedings be interdicted. “GSFC”, hereinafter

2. The issues faced in the present petition are already subject matter of a statutory appeal preferred by the petitioner under Section 117 of the Border Security Force Act, 1968.

3. Mr. Nitin Joshi, learned Counsel for the petitioner, voices an apprehension that the GSFC may proceed without awaiting the outcome of the Section 117 appeal.

4. Mr. Rohan Jaitley, learned Central Government Standing Counsel for the respondents, points out that the Section 117 appeal was preferred merely four days ago.

5. Be that as it may, we are not inclined to accommodate the petitioner any more than to grant him liberty to advance the submissions, made before us, before the GSFC.

6. We do not express any opinion on whether the GSFC should or should not await the outcome of the Section 117 appeal or on any other aspect which has been raised in the writ petition.

7. We, however, reserve liberty to the petitioner to take up all the issues raised in this petition before the GSFC.

8. We are sanguine that the GSFC would consider the said pleas in accordance with law and take an informed decision thereon.

9. Should the petitioner be aggrieved by the outcome of the GSFC proceedings, his rights in that regard shall remain reserved.

10. Subject to the above observations, the writ petition is disposed of.

11. Let a copy of this order be given dasti to learned Counsel for the parties under the signature of the Court Master.

C. HARI SHANKAR, J.