Law: Protection Against Harassment of Women at Workplace Act, 2010

Section: 3(2),4(5),6(1),8(1),5(2)

Law: Constitution of Pakistan, 1973

Section: 199

Protection Against Harassment of Women at Workplace Act, 2010 (IV of 2010)-- ----Ss. 3(2), 4(5), 6(1) , 8(1)--Constitution of Pakistan, 1973, Art. 199--Harassment of female on workplace--Filing of complaint--Constitution of inquiry committee--Inquiry report--Reduction to lower post--Appeal--Allowed--Dismissal of review application by NEPRA--Conducting of inquiry by ombdusman--Jurisdictional error--Challenge to--Ombudsman set-aside N.E.P.R.A.’s decision to impose a penalty on Respondent No. 2 and also went ahead and decided to conduct an inquiry against Respondent No. 2-- Ombudsman, while hearing an appeal under Section 6 of 2010 Act, cannot arrogate to himself power to conduct an inquiry--Ombudsman, in his capacity as an appellate authority, has power either to confirm, set-aside, vary, or modify a decision taken by competent authority (i.e., authority that imposes penalty recommended by Committee) but he could not assume power to hold an inquiry while hearing an appeal could not have filed a representation to President against Ombudsman’s appellate order which could not by any means be termed as an order passed under Section 8(5)--Remedy of filing a representation cannot be held to be an efficacious or an adequate remedy for petitioner against Ombudsman’s order--Ombudsman committed a patent error of law and committed a jurisdictional error by setting aside NEPRA’s decision on sole ground that two of three members of Committee that conducted inquiry against Respondent No. 2 were junior to him and that Ombudsman’s decision to conduct a fresh inquiry against Respondent No. 2 is without jurisdiction--Petition allowed. Constitution of Pakistan, 1973-- ----Art. 199(i)(a)(ii)--Jurisdiction of High Court--High Court has jurisdiction to issue a writ of certiorari by declaring that any act done or proceeding taken within territorial jurisdiction of Court by a person performing functions in connection with affairs of Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect. Protection Against Harassment of Women at Workplace Act, 2010 (IV of 2010)-- ----S. 3(2)--Constitution of inquiry…

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