Ms. Pratishtha Kulshreshtha vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-GWL:33192
1 WP-43947-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 29 OF OCTOBER, 2026
WRIT PETITION No. 43947 of 2026
CNR No.: MPHC030293902026
MS. PRATISHTHA KULSHRESHTHA
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Ankit Chaturvedi - Advocate for petitioner.
Shri Praveen Kumar Newaskar - Deputy Solicitor General for
respondent No.1/UOI.
ORDER
This petition, under Article 226 of the Constitution of India, has been filed
seeking following relief(s):-

"1. Issue an appropriate writ, order or direction, particularly
a writ in the nature of certiorari, quashing and setting aside
the impugned memorandum dated 22.09.2026 (Annexure
P-1), whereby departmental inquiry proceedings have been
initiated against the Petitioner;

2. Quash and set aside all consequential proceedings
initiated pursuant to the impugned memorandum dated
22.09.2026, insofar as they arise from and are founded
upon the impugned memorandum;

3. Hold that the mere inability to substantiate the complaint
submitted by the Petitioner cannot, by itself, constitute
sufficient ground for initiating adverse action against her
under Section 14 of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act,
2013, without establishing the requirements prescribed
under the said provision and following the procedure
contemplated by law; and
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/30/2026
5:49:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33192
2 WP-43947-2026

4. Pass such other order or orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
case, in the interests of justice."


2. It is submitted by learned counsel for petitioner that present petition has
been filed challenging the memorandum dated 22.09.2026 (Annexure P-1) issued
by the respondents, whereby reliance has been placed upon the earlier
proceedings arising out of the petitioner's complaint of sexual harassment and a
report stated to have been submitted by the Mahila Evam Bal Vikas Department,
Bhind. It is submitted that show-cause notice/memorandum dated 22.09.2026
(Annexure P-1) is based upon memo that has already been quashed by the
Division Bench by passing the order dated 01.10.2026 in Misc. Petition
No.1491/2026 [X Vs. Union of India And Others]. It is submitted that the said
order has been passed on 01.10.2026 and during the pendency of aforesaid Misc.
Petition, impugned memorandum has been issued and that in the light of the order
passed by Division Bench dated 01.10.2026 in Misc. Petition No.1491/2026 [X
Vs. Union of India And Others], the memorandum is not sustainable.
3 . Per contra, it is submitted by learned counsel for respondent No.1,
appearing on advance copy, that petitioner is having alternative, efficacious
remedy of preferring Original Application before the Central Administrative
Tribunal. It is also submitted by him that this Court is not having any jurisdiction.
4. No other point is pressed by learned counsel for the parties.
5. Heard learned counsel for the parties and perused the record.
6. From perusal of record, it is gathered that present petition has been filed
challenging the memorandum dated 22.09.2026 (Annexure P-1) issued by the
respondents, whereby reliance has been placed upon the earlier proceedings
arising out of the petitioner's complaint of sexual harassment and a report stated
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/30/2026
5:49:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33192
3 WP-43947-2026
to have been submitted by the Mahila Evam Bal Vikas Department, Bhind. The

show-cause notice/memorandum dated 22.09.2026 (Annexure P-1) is based upon
memo that has already been quashed by the Division Bench by passing the order
dated 01.10.2026 in Misc. Petition No.1491/2026 [X Vs. Union of India And
Others]. The said order has been passed on 01.10.2026 and during the pendency
of aforesaid Misc. Petition, impugned memorandum has been issued.
7. This Court is not having jurisdiction. Efficacious and alternative remedy
is available to petitioner to prefer Original Application before the Central
Administrative Tribunal. Further, since the Division Bench of this Court has
passed the order dated 01.10.2026 in Misc. Petition No.1491/2026 [X Vs. Union
of India And Others], therefore, this petition is disposed of in the following
manner:

(i) Petitioner is directed to submit a fresh and detailed
representation/reply/explanation along with copy of order
dated 01.10.2026 passed in Misc. Petition No.1491/2026
[X Vs. Union of India And Others] before competent
authority/respondent No.3 within a period of 10 working
days from today;

(ii) In turn the competent authority/respondent No.3 shall
decide the representation/reply/explanation keeping in view
the order dated 01.10.2026 in Misc. Petition No.1491/2026
[X Vs. Union of India And Others];

(iii) However, it is made clear that if any grievance remains
with the petitioner then this Court is not having jurisdiction
and petitioner is granted liberty to challenge the
conclusion/final order passed by Competent
Authority/respondent No.3 before the Central
Administrative Tribunal and this direction cannot be treated
as precedent in other case.
(ANAND SINGH BAHRAWAT)
JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/30/2026
5:49:48 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33192
4 WP-43947-2026


Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/30/2026
5:49:48 PM