Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45295 WP No. 21929 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21929 OF 2025 (S-RES)
BETWEEN:
SRI M MANOJ S/O SRI MANOHARAN M AGED ABOUT 39 YEARS RESIDNG AT MENATH HOUSE KODAKKAR MATTATHURU THRISSUR KERALA 680 684 …PETITIONER
(BY SRI. PRAVEEN P KURIAN., ADVOCATE) AND:
1.
UNION OF INDIA REP BY GENERAL MANAGER SOUTH WESTERN RAILWAYS HUBBALLI 580020
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45295 WP No. 21929 of 2025
2.
THE GENERAL MANAGER RAIL WHEEL FACTORY YELAHANKA BENGALURU 560 064
3.
DIVISIONAL RAILWAY MANAGER BENGALURU DIVISION SOUTH WESTERN RAILWAY-560023 …RESPONDENTS
(BY SRI.B.S.VENKATANARAYANA, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE RESPONDENTS TO CONSIDER AND DISPOSE OF THE PETITIONERS REPRESENTATIONS DATED 11.04.2025, 29.04.2025 AND 27.05.2025 VIDE ANNEXURE-F7 IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
******
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HC-KAR NC: 2025:KHC:45295 WP No. 21929 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner has filed this writ petition seeking for mandamus directing the respondents to consider the representations vide Annexures-E, F and F7 dated 11.04.2025, 29.04.2025 and 27.05.2025 respectively.
2. The petitioner submitted a representation to the respondents stating that the FIR was registered against the petitioner based on the complaint by one Smt.Jyoti Kolekar, Office Superintendent, Bengaluru Division, for the alleged offence under Sections 354(A) and 354(D) of IPC. On 21.07.2023, the same complainant submitted a parallel complaint before the Internal Complaint Committee (hereinafter 'ICC' for short) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The petitioner had challenged the charge sheet and proceedings arising from F.I.R No.221/2023 and filed a criminal petition in Crl.P.No.4955/2025 before this Court. This Court granted an interim
order of stay of proceedings in C.C.No.33068/2023. Despite the pendency of the said
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HC-KAR NC: 2025:KHC:45295 WP No. 21929 of 2025
proceeding and interim protection granted by this Court, the ICC submitted a final report on 17.03.2025, without considering the petitioner's representations. Based on the said report, a transfer order dated 27.03.2025 was issued to the petitioner vide Annexures-C and D. The petitioner submitted a representation enclosing the interim order passed by this Court in Crl.P.No.4955/2025 and requested not to take any action based on the ICC report. The respondents have not passed any
order on the representations submitted by the petitioner. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and also the learned counsel for the respondents.
4.
Learned counsel for the petitioner submits that the petitioner has submitted representations to the respondents, but the respondents have not passed any order on the set of representations submitted by the petitioner. He submits that the direction be issued to the respondents to consider the representations and pass an appropriate order in accordance with law. Hence, on this ground, he prays to allow the writ petition.
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HC-KAR NC: 2025:KHC:45295 WP No. 21929 of 2025
5. Per contra, learned counsel for the respondents submits that if reasonable time is granted to the respondents would consider the representations vide Annexures-E, F and F7 and pass an appropriate order in accordance with law.
6. In view of the submission made by the learned counsel for the respondents and in view of the above
discussion, I proceed to pass the following:
ORDER
i) The writ petition is allowed.
ii) The respondents are
directed to consider Annexures-E, F and F7 respectively and pass an appropriate order in accordance with law within eight weeks from the date of the receipt of the copy of this order.
Pending IAs, if any, disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
rv List No.: 1 Sl No.: 4