Harassment at workplace: Federal ombudsperson’s jurisdiction challenged in PHC

PESHAWAR: The jurisdiction of federal ombudsperson for hearing harassment cases at the workplace in the departments and institutions under the provincial government has been challenged in the Peshawar High Court (PHC).

Vice-Chancellor University of Technology Nowshera Prof Dr Qamrul Wahab has challenged the jurisdiction of the federal ombudsperson for hearing a harassment case against him, which he claimed, was against the law and without jurisdiction.

The regional commissioner of the federal ombudsperson office has so far awarded punishment to three government officials, including a doctor of the Institute of Kidney Diseases Peshawar, and a coordinator in the Abdul Wali Khan University Pabbi campus.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Muhammad Ayub put on notice the federal ombudsperson and regional commissioner of the federal ombudsperson office in KP, directing them to explain their position by submitting a reply within 15 days.

During the hearing, the petitioner’s lawyer, Darman N Safi, submitted before the bench that respondent regional commissioner has started proceedings against the vice-chancellor on the direction of the federal ombudsperson on a harassment complaint of Sidra Younas, assistant registrar of the university.

The lawyer submitted that in February 2018 the KP government enacted the law called Khyber Pakhtunkhwa Protection against Harassment of Women at the Workplace (Amendment) Act, 2018.

He pointed out the federal government had no jurisdiction to take cognizance of the harassment complaints at workplace occurred in the institutions and departments under the provincial government after enactment of the federal law of Protection against Harassment of Women at the Workplace Act, 2010.

After the 18th Amendment to the Constitution, the provincial government was supposed to appoint its own provincial ombudsperson to deal with such cases. He said the regional commissioner can only take harassment cases for hearing related to the institutions and department working under the federal government.

The lawyer argued that under the Khyber Pakhtunkhwa Protection against Harassment of Women at the Workplace (Amendment) Act, 2018 when the provincial ombudsperson office was not present in the province the case was to be submitted before the harassment committee within the same institution or department and then referred to the court of district and sessions judge.

He argued the regional commissioner of the federal ombudsperson office heard harassment cases without having jurisdiction.

He said the impugned order of the regional commissioner passed on October 29 for contempt proceeding against the petitioner and subsequent proceedings on the complaint be declared illegal and in violation of the petitioner’s rights as guaranteed by the Constitution specifically in Article 270 AA.

The petitioner prayed the high court to set aside the order of the commissioner and all other proceedings in a harassment complaint against him.