Madhya Pradesh High CourtAdministrative and Public LawConstitutional Law

Woman Facing Departmental Inquiry After Sexual-Harassment Complaint Must Reply With Earlier Quashing Order Within 10 Working Days: MP HC

Ms. Pratishtha Kulshreshthav.Union Of India

Woman Facing Departmental Inquiry After Sexual-Harassment Complaint Must Reply With Earlier Quashing Order Within 10 Working Days: MP HC. Ms. Pratishtha Kulshreshtha vs Union Of India. Madhya Pradesh High Court. LawLens
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In brief

The question

Whether the High Court should entertain the challenge to the departmental memorandum when an alternative remedy before the CAT was available.

The court held

The petition was disposed of without a decision on the merits.

It also directed

The petitioner was directed to submit a fresh, detailed representation, reply, or explanation, with the 1 October 2026 Division Bench order, to respondent No. 3 within 10 working days.

The competent authority was directed to decide it having regard to that order.

If any grievance remained, the petitioner was granted liberty to challenge the competent authority’s conclusion or final order before the CAT; the Court stated that its direction would not operate as a precedent in other cases.

01Facts

The petitioner challenged a memorandum dated 22 September 2026 initiating departmental inquiry proceedings, which she said relied on earlier proceedings arising from her sexual-harassment complaint and a report attributed to the Mahila Evam Bal Vikas Department, Bhind.

¶ 2

She argued that the memorandum relied on a memo already quashed by a Division Bench on 1 October 2026 in Misc. Petition No. 1491/2026, X v. Union of India and Others.

¶ 2

The Union of India objected that the petitioner had an efficacious alternative remedy before the Central Administrative Tribunal (CAT) and that the High Court lacked jurisdiction.

¶ 3

02Issues

i.Whether the High Court should entertain the challenge to the departmental memorandum when an alternative remedy before the CAT was available.

¶ 3, 7

ii.Whether, in light of the Division Bench’s order dated 1 October 2026, the petitioner should first submit a representation to the competent authority.

¶ 2, 6–7

03Law Applied

The Court considered its jurisdiction under Article 226 of the Constitution and the availability of an efficacious alternative remedy before the CAT.

¶ 7

The Court also directed the competent authority to consider the petitioner’s representation in light of the Division Bench’s order dated 1 October 2026.

¶ 7

Provisions in the judgment · 1 · Linked ones open on LawLens

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 14

04Reasoning

The Court noted that the challenged memorandum relied on proceedings connected to the petitioner’s complaint and that the Division Bench had already quashed the underlying memo.

¶ 2, 6

However, it held that the petitioner had an efficacious alternative remedy before the CAT and stated that it lacked jurisdiction to entertain the matter.

¶ 7

Rather than adjudicate the memorandum’s validity, the Court directed the petitioner to place the Division Bench’s order before the competent authority for consideration.

¶ 7

05Holding

The petition was disposed of without a decision on the merits.

¶ 7

The petitioner was directed to submit a fresh, detailed representation, reply, or explanation, with the 1 October 2026 Division Bench order, to respondent No. 3 within 10 working days.

¶ 7

The competent authority was directed to decide it having regard to that order.

¶ 7

If any grievance remained, the petitioner was granted liberty to challenge the competent authority’s conclusion or final order before the CAT; the Court stated that its direction would not operate as a precedent in other cases.

¶ 7
Madhya Pradesh High Court

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Ms. Pratishtha KulshreshthavsUnion Of India

Madhya Pradesh High Court · October 29, 2026

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