Court says workplace harassment is not limited to office premises and can extend beyond buildings
The Lahore High Court on Tuesday upheld the dismissal of Umer Shahzad, a former director management at the Government Girls Vocational Institute in Jhang, for harassing a female teacher.
Justice Raheel Kamran rejected Shahzad’s petition seeking reinstatement in a 17-page written judgement. The ruling also set a legal precedent, holding that workplace harassment is not confined to office buildings alone.
The case stemmed from a complaint filed by Mehwish Riaz before the Ombudsperson Punjab. Riaz said she was serving as an ad hoc teacher at the institute when Shahzad harassed her.
She told the Ombudsperson that Shahzad looked at her inappropriately and sent her messages to establish illicit relations. According to Riaz, Shahzad claimed he had done her several favours and demanded reciprocation. She said he threatened to cancel her appointment if she refused.
Riaz further stated that in September 2022, Shahzad came to her house and attempted to rape her. She said she managed to call Rescue-15, after which Shahzad fled.
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Riaz added that Shahzad continued to threaten her after the incident. She said the threats caused severe mental distress to her and her family.
Shahzad’s lawyer argued that the Provincial Ombudsman could only hear cases where harassment took place at the workplace. He said incidents at a private residence fell outside the Ombudsman’s jurisdiction.
The lawyer also argued that since criminal proceedings were under way, the Ombudsman could not take disciplinary action.
The court rejected both arguments.
Justice Kamran ruled that disciplinary proceedings by the Ombudsman are separate from criminal cases. The court noted that Shahzad did not deny his WhatsApp communication with Riaz.
However, Shahzad claimed the complaint was filed out of personal grudge. He also attempted to question the complainant’s character.
Shahzad alleged that Riaz’s brother worked at the Technical and Vocational Training Authority and had been allotted official housing that was later cancelled.
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Justice Kamran ruled that threatening job termination to coerce someone into a relationship amounted to misuse of authority.
He said attempts to malign the complainant’s character could not overshadow Shahzad’s own conduct.
The Ombudsperson Punjab, in a decision dated February 16, 2024, found Shahzad guilty of harassment. The decision cited Section 2(h) of the Protection Against Harassment of Women at the Workplace Act, 2010.
The Ombudsperson ordered Shahzad’s removal from service.
Shahzad appealed the decision before the Governor of Punjab. The governor dismissed the appeal. The Lahore High Court said it found no illegality in either decision.
Justice Kamran also highlighted why many women delay reporting harassment.
“Women often avoid promptly reporting harassment incidents due to fear for their honour, family dignity, and social stigma,” the judgement said.
“Their initial silence, therefore, cannot be construed as a waiver against later seeking redress once they gather the courage to report.”
