| Case ID |
302bafae-b25a-4a32-8932-54ceafed4b6b |
| Body |
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| Case Number |
W.P. No. 912 of 2021 |
| Decision Date |
Apr 05, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court ruled that the Ombudsman committed a jurisdictional error by setting aside the decision of NEPRA to impose a penalty on Respondent No. 2 for harassment. The court stated that the inquiry committee was constituted in accordance with the law and that there was no requirement for the committee members to be senior to the accused. The court reinstated the decision of NEPRA and remanded the matter for a decision on the appeal against the penalty imposed on the accused. The Ombudsman was found to have overstepped its jurisdiction by conducting a fresh inquiry instead of ruling on the appeal. |
| Summary |
This case involves Ms. Kinza Anwar, an Office Assistant at NEPRA, who filed a complaint against her colleague Ahmad Nadeem for harassment under the Protection Against Harassment of Women at Workplace Act, 2010. An inquiry committee was formed, which concluded that harassment occurred and recommended a penalty. The Ombudsman set aside the decision citing the junior status of committee members. The Islamabad High Court found that the Ombudsman overstepped by conducting a new inquiry instead of ruling on the appeal. The court emphasized that the law does not mandate committee members to be senior to the person being investigated. This case highlights the importance of proper procedure in harassment cases and the jurisdictional boundaries of the Ombudsman. It underscores the legal protections available to employees in workplaces against harassment and the mechanisms for addressing such complaints. The ruling reinforces the need for adherence to legislative provisions in inquiry processes. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Electric Power Regulatory Authority (NEPRA)
|
| Judges |
MIANGUL HASSAN AURANGZEB, J.
|
| Lawyers |
Rana Abid Nazir Khan, Advocate for Petitioner,
Mr. Arshid Mehmood Kiani, learned Deputy Attorney-General for Respondents,
Ms. Aaliya Zareen Abbasi, Advocate for Respondent No. 2/Accused,
Barrister Junaid Zamurrad Khan, Advocate for Respondent No. 3/NEPRA
|
| Petitioners |
Ms. KINZA ANWAR
|
| Respondents |
Rana Abid Nazir Khan,
Respondent No. 2/Accused,
Respondent No. 3/NEPRA
|
| Citations |
2022 SLD 1468,
2022 PLJ 72
|
| Other Citations |
Not available
|
| Laws Involved |
Protection Against Harassment of Women at Workplace Act, 2010,
Constitution of Pakistan, 1973
|
| Sections |
3(2),
4(5),
6(1),
8(1),
5(2),
199
|