Supreme Court Rules Armed Forces Tribunal Can Hear Appeal Against ICC Report Under POSH Act

The Supreme Court held that an army personnel aggrieved by the findings and recommendations of the ICC under the POSH Act has the right to approach the Armed Forces Tribunal by way of an appeal.

The case arose from a sexual harassment complaint against the appellant, leading the Naval authorities to issue a show-cause notice proposing termination of his service.

The Court stated that Section 18 of the POSH Act grants a statutory right to appeal before a “court or tribunal” as per service rules, and held that the Delhi High Court had wrongly denied this remedy.

The matter was remitted to the AFT for fresh adjudication.

[CDR Yogesh Mahla v. UOI & Ors.]