LAWS(DLH)-2024-12-70

MAJOR SHUBHRA VERMA Vs. LIEUTENANT GENERAL GURBIRPAL SINGH

Decided On December 16, 2024
Major Shubhra Verma Appellant
V/S
Lieutenant General Gurbirpal Singh Respondents

JUDGEMENT

(1.) The petitioner is seeking initiation of the contempt proceedings against the respondent for the alleged wilful disobedience of the directions of this Court contained in the order dtd. 19/2/2024 passed in W.P.(C) No.2437/2024 titled 'Maj Shubhra Verma vs Union of India and Ors."

(2.) In a nutshell, the petitioner, a Permanent Commissioned Whole Time Lady Officer ["WTLO"], was appointed in 2006 through the UPSC 'Union Public Service Commission' under the National Cadet Corps (Whole Time Lady Officers) Recruitment Rules, 1995 ["1995 Rules"]. Her appointment and terms of service are governed by Appendix 'A' dtd. 12/3/1997. Presently, she is serving as the Administrative Officer in the rank of Major with the 3 Delhi Girls Battalion, National Cadet Corps ["NCC"]. The respondent, functioning as the Director General of the National Cadet Corps ["DGNCC"], operates under the provisions of the National Cadet Corps Act, 1948 ["NCC Act"], which is administered by the Ministry of Defence.

(3.) The genesis of this petition lies in an assertion by the petitioner that she had been a victim of sexual harassment at the hands of a male officer and had filed a complaint through the SHE-BOX portal (Ref. No. WCD-24624) on 7/9/2022 regarding alleged misconduct by her Commanding Officer during her posting in Patna. Aggrieved by the findings and recommendations of the Internal Complaints Committee ["ICC"] dtd. 23/9/2023, which were communicated to her on 26/12/2023, the petitioner approached this Court seeking to set aside the supplementary recommendations of the ICC. On the Court's suggestion, she withdrew her petition (W.P. (C) No. 2102/2024) on 13/2/2024, as an alternative remedy was available under Sec. 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ["POSH Act"].