- 1 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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) AND: 1. UNION OF INDIA 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 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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 - HC-KAR NC: 2025:KHC:33846 WP No. 22102 of 2024 C/W WP No. 22125 of 2024 WP No. 22131 of 2024 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