Karnataka High Court
Sri D R Madhusudhan vs Union Of India on 30 August, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 22102 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 22125 OF 2024 (S-RES)
WRIT PETITION NO. 22131 OF 2024 (S-RES)
IN WP NO. 22102/2024
BETWEEN:
SRI D R MADHUSUDHAN
S/O. LATE RAMU
AGED ABOUT 41 YEARS
R/AT, NO.10, MARUTI NAGARA
MAHADESHWARA NAGARA MAIN ROAD
HEROHALLI CROSS, BANGALORE - 560 091.
...PETITIONER
(BY SRI. SRINANDAN K., ADVOCATE)
Digitally signed by
HEMALATHA A AND:
Location: HIGH 1. UNION OF INDIA
COURTOF
KARNATAKA MINISTRY OF LABOUR & EMPLOYMENT
HAVING OFFICE AT, SHRAM SHAKTI BHAWAN
RAFI MARG, NEW DELHI - 110 001.
2. THE INTERNAL COMMITTEE
KOTAK MAHINDRA BANK LIMITED
CONSTITUTED UNDER SECTION 4 OF
SEXUAL HARASSMENT OF WOMEN
AT WORK PLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT 2013
HAVING OFFICE AT, NO. 21, 5TH FLOOR
KOTAK INFINITY, INFINITY PARK
OFF WESTERN EXPRESS HIGHWAY
-2-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
GENERAL AK VAIDYA MARG
MALAD (E) MUMBAI 400 097.
REP BY ITS PRESIDING OFFICER.
3. THE STEERING BOARD
KOTAK MAHINDRA BANK LIMITED
HAVING OFFICE AT, NO. 27 3RD FLOOR
BKC, PLOT NO. C-27, G-BLOCK
BANDRA KURLA COMPLEX, BANDRA EAST
MUMBAI 400 051
REP. BY ITS CHAIRPERSON.
4. KOTAK MAHINDRA BANK LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS CORPORATE OFFICE AT
NO. 22, 2ND FLOOR, BANK HOUSE
MG ROAD BANGALORE 560 001
REP BY ITS BRANCH MANAGER.
5. SMT. NAVYA R
AGED ABOUT MAJOR
R/AT, NO. 22, 2ND FLOOR
BANK HOUSE, MG ROAD
BANGALORE - 560 001
...RESPONDENTS
(BY SMT. ANUPAMA HEGDE, CGSC FOR R1:
SRI BALASUBRAHMANYA K M FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH
THE IMPUGNED FINAL REPORT DTD. 20.06.2024 PASSED BY R-
2 IN CASE NO. 20240344/S8 (ANNEXURE-A) AND
CONSEQUENTLY QUASH THE ORDER OF TERMINATION DATED:
05.08.2024 PASSED BY R-4 (ANNEXURE-B) AND ETC.
-3-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
IN WP NO. 22125/2024
BETWEEN:
SRI D R MADHU SUDHAN
S/O LATE RAMU
AGED ABOUT 41 YEARS
R/AT NO. 10, MARUTI NAGARA
MAHADESHWARA NAGARA MAIN ROAD
HEROHALLI CROSS
BANGALORE - 560 091.
...PETITIONER
(BY SRI. SRINANDAN K., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
HAVING OFFICE AT, SHRAM SHAKTI BHAWAN
RAFI MARG, NEW DELHI- 110 001.
2. THE INTERNAL COMMITTEE
KOTAK MAHINDRA BANK LIMITED
CONSTITUTED UNDER SECTION 4 OF SEXUAL
HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL)
ACT, 2013, NO. 21, 5TH FLOOR, KOTAK INFINITY
INFINITY PARK OFF WESTERN EXPRESS HIGHWAY
GENERAL AK VAIDYA MARG, MALAD (E)
MUMBAI - 400 097
REP BY ITS PRESIDING OFFICER.
3. THE STEERING BOARD
KOTAL MAHINDRA BANK LIMITED
NO. 27, 3RD FLOOR, BKC
PLOT NO. C-27, G-BLOCK
BANDRA KURLA COMPLEX, BANDRA EAST
MUMBAI - 400 051
REP BY ITS CHAIR PERSON.
4. KOTAK MAHINDRA BANK LIMITED
A COMPANY INCORPORATED UNDER
-4-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
THE COMPANIES ACT, 1956
HAVING ITS CORPORATE OFFICE AT
NO. 22, 2ND FLOOR, BANK HOUSE
M G ROAD, BANGALORE - 560 001
REP BY ITS BRANCH MANAGER.
5. SMT. REVATI PUJARI
AGED ABOUT MAJOR
NO. 22, 2ND FLOOR, BANK HOUSE
M G ROAD, BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. ANUPAMA HEGDE, CGSC FOR R1:
SRI BALASUBRAHMANYA K M., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED FINAL REPORT DATED: 20.06.2024 PASSED BY
R-2 IN CASE NO. 20240343/S7 (ANNEXURE-A) AND
CONSEQUENTLY QUASH THE ORDER OF TERMINATION DATED:
05.08.2024 PASSED BY R-4 (ANNEXURE-B) AND ETC.
IN WP NO. 22131/2024
BETWEEN:
SRI D R MADHUSUDHAN
S/O LATE RAMU
AGED ABOUT 41 YEARS
R/AT NO.10, MARUTI NAGARA
MAHADESHWARA NAGARA MAIN ROAD
HEROHALLI CROSS
BANGALORE 560 091.
...PETITIONER
(BY SRI. SRINANDAN K.,ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
-5-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
HAVING OFFICE AT, SHRAM SHAKTI BHAWAN
RAFI MARG, NEW DELHI-110 001.
2. THE INTERNAL COMMITTEE
KOTAK MAHINDRA BANK LIMITED
CONSTITUTED UNDER SECTION 4 OF SEXUAL
HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL)
ACT, 2013, HAVING OFFICE AT, NO. 21
5TH FLOOR, KOTAK INFINITY, INFINITY PARK
OFF WESTERN EXPRESS HIGHWAY
GENERAL AK VAIDYA MARG, MALAD (E)
MUMBAI 400 097
REP. BY ITS PRESIDING OFFICER.
3. THE STEERING BOARD
KOTAK MAHINDRA BANK LIMITED
HAVING OFFICE AT, NO. 27 3RD FLOOR
BKC, PLOT NO. C-27, G-BLOCK
BANDRA KURLA COMPLEX
BANDRA EAST MUMBAI 400 051
REP. BY ITS CHAIR PERSON.
4. KOTAK MAHINDRA BANK LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS CORPORATE OFFICE AT
NO. 22, 2ND FLOOR, BANK HOUSE
MG ROAD BANGALORE 560 001.
REP BY ITS BRANCH MANAGER.
5. SMT. LIKITHA C V,
AGED ABOUT MAJOR
NO. 22, 2ND FLOOR, BANK HOUSE
MG ROAD, BANGALORE 560 001.
...RESPONDENTS
(BY SMT ANUPAMA HEGDE, CGSC FOR R1:
SRI BALASUBRAMANYA.,ADVOCATE FOR R4)
-6-
NC: 2025:KHC:33846
WP No. 22102 of 2024
C/W WP No. 22125 of 2024
WP No. 22131 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED FINAL REPORT DATED: 20.06.2024 PASSED BY R-2
IN CASE NO. 20240344/S8 (ANNEXURE-A) AND
CONSEQUENTLY QUASH THE ORDER OF TERMINATION DATED.
05.08.2024 PASSED BY R-4 (ANNEXURE-B) AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In these respective writ petitions, the petitioners have sought for the following relief/s: IN W.P.No.22102/2024
"a. Quash the impugned Final Report dated 20.06.2024 passed by Respondent No.2 in Case No. 20240344/S8 (Annexure-'A') and consequently quash the Order of Termination dated 05.08.2024 passed by Respondent No. 4 (Annexure-'B').
b. Call for records of Case No. 20240345/S8.
c. Grant such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."IN W.P.No.22125/2024
"a. Quash the impugned Final Report dated 20.06.2024 passed by Respondent No.2 in Case No. 20240343/S7(Annexure-'A') and consequently quash -7- NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 HC-KAR the Order of Termination dated 05.08.2024 passed by Respondent No 4 (Annexure-'B').
b. Call for records of Case No. 20240343/S7.
c. Grant such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."IN W.P.No.22131/2024
"a. Quash the impugned Final Report dated 20.06.2024 passed by Respondent No.2 in Case No. 20240344/S8 (Annexure-'A') and consequently quash the Order of Termination dated 05.08.2024 passed by Respondent No. 4(Annexure-'B').
b. Call for records of Case No. 20240344/S8.
c. Grant such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."
2. At the outset, the learned counsel appearing for respondents has raised a preliminary objection regarding maintainability of writ petition on the ground that the petitioners have an alternative remedy of appeal under Section 18 of the Sexual Harassment of Women at -8- NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 HC-KAR Workplace (Prevention, Prohibition And Redressal) Act, 2013 (for short 'the Act 2013'). The applicability of the said provision has been clearly considered and dealt by this Court in W.P.No.25263/2025. He further submitted that respondent No.2 is not an authority under Article 12 of the Constitution of India. Hence, the petitioners have to approach the Appellate Authority.
3. At this stage, the learned counsel appearing for the petitioners has submitted that the petitioners have challenged the impugned order on the ground that the order has been passed without authority of law and in violation of principles of natural justice. Therefore, this Court can entertain the writ under Article 226 of Constitution of India. There is no dispute that this Court has power to entertain the writ petition, if the order is passed without jurisdiction or violation of principles of natural justice.
4. Since the Act, 2013 provides for an alternative and efficacious remedy of appeal and in view of the order -9- NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 HC-KAR dated 30.08.2025 passed by this Court in W.P.No.25263/2025, the writ petitions are liable to be disposed of. Hence, I passed the following order:
ORDER
a) The writ petitions are disposed of.
b) The petitioners are at liberty to approach the Appellate Authority and shall raise all their grounds before the Authority.
c) If the petitioners file an application for stay, the Appellate Authority is directed to consider the same and pass appropriate orders in accordance with law, without being influenced by the observations made in this order.
All pending I.As. in this writ petition, if any, are disposed of accordingly.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 31