1. This petition has been filed with the following prayers:-

“i. Issue a Writ of Certiorari for quashing of Order dated May, 2025 whereby Internal Complaint Committee was re-constituted; the Findings and Opinion of the ICC dated 26.05.2025; Remarks of the IG, Ftr HQ BSF, Punjab vide letter dated 26.05.2025; order for convening ROE dated 30.07.2025; chargesheet dated 12.01.2026 issued against the Petitione1'l order dated 12.01.2026 for convening GSFC against the Petitioner and Findings and sentence passed against the Petitioner (Uncommunicated);

ii. Issue a Writ of Mandamus directing the Respondents to reconstitute the Internal Complaints Committee in terms of Section 4 of the Sexual Harassment of Womenat Workplace (Prevention, Prohibition and Redressal) Act, 2013 and thereafter to re-conduct the inquiry afresh into the alleged misconduct thereby affording all the protections to the Petitioner as afforded under the relevant provisions of law pertaining to the said subject.”

2. The petitioner in this petition seeks quashing of order of May, 2025 whereby the Internal Complaint Committee (“ICC”) was reconstituted; the quashing of the findings and opinion of the ICC dated 26.05.2025; the remarks of the IG, Ftr HQ, BSF, Punjab vide letter dated 26.05.2025; the order of convening Record of Evidence (“RoE”) dated 30.07.2025 and charge-sheet dated 12.01.2026. The petitioner also seeks setting aside of order dated 12.01.2026 which was for convening the General Security Force Court (“GSFC”) against the petitioner along with the findings and the sentence passed therein. The petitioner has also sought reconstitution of the ICC in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) for holding a fresh enquiry.

3. Mr. Arjun Pawar, learned counsel appearing on behalf of the petitioner stated that the petitioner was recruited as a Sub-Inspector (GD) on 29.07.2013 and upon completing his training, he was posted to 58th Battalion where he remained posted apart from his tenure as Instructor in TC&S Hazari Bagh from 2018 to 2023. It was in November, 2023 that the petitioner was posted back to the 58th Battalion, which was located in Madhopur, Pathankot, Punjab. Mr. Pawar has stated that the petitioner has a good record in terms of professionalism and discipline, which can be seen from the service record.

4. He stated that during the petitioner’s tenure in the 58th Battalion, he was posted as an Officiating Company Commander at Border Outpost, Tash. During December, 2024 to January, 2025, there was acute shortage of resources. There were frequent power outages due to which the floodlights installed at the border went out. The reason for overloading of the fuse which resulted in the power shortages was due to the personal appliances used by the Company personnel and it was decided that all heating appliances were to be seized, which were to be returned once the winter was over.

5. According to Mr. Pawar, an incident took place on 14.01.2025 when it had been instructed by the authorities that in case of dense fog the personnel who are deployed at the border shall carryout effective patrolling. Those who are deployed in the LCTS room shall patrol the DHUSSI area since the visibility of the cameras installed at the border is low during such period. He insists that this background is crucial to establish the circumstances in which the incident took place. In the intervening night of 13-14.01.2025, the petitioner after completing his patrolling duty reached back the BOP, however, he did not see the Sentry who was assigned duty at the LCTS room, and who was supposed to be patrolling the DHUSSI area due to the dense fog. When he reached the LCTS room even after knocking the door, he received no answer and upon opening the door, he saw the Mahila Constable sleeping on duty. After which the petitioner tapped on the table on which she was resting her head but no response was received and h