Case Details

Citation(s)
2024 SLG 2705 2024 SLD 2705 2024 PLC 151
Balochistan High Court
Constitution Petition No. 1639 of 2022, decided on 27th June, 2023.Date of hearing: 19th June, 2023.
Before Muhammad Hashim Khan Kakar and Shaukat Ali Rakhshani, JJ
Ahmed Rehman Bazai for Petitioner. Shai Haq Baloch, Additional Advocate General (AAG) for
Respondent No.1. Muhammad Akram Shah assisted by Ms. Nafisa Rehman Shahwani, representative of Mehrgarh for
Respondents Nos.2 and 3.

Prof. Dr. NAHEED HAQ

VS

PROVINCE OF BALOCHISTAN through Secretary Governor/Chancellor of Balochistan and 2 others

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

Section: 2(h)

(a) Balochistan Protection Against Harassment of Women at the Workplace Act (I of 2016)--- ----Ss.2(j) & 12---Protection Against Harassment of Women at the Workplace Act (IV of 2010), S. 2(h)---Harassment complaint under Balochistan Protection Against Harassment of Women at the Workplace Act, 2016---'Harassment'---Petitioner was assigned acting charge of the Pro Vice-Chancellor in absence/removal of the Vice-Chancellor/respondent---Contention of the petitioner was that, after resuming the charge of Vice-Chancellor, the respondent (Vice-Chancellor) having developed personal grudge against her, started taking adverse steps against her including summoning her in a false and baseless case of harassment filed by one Chairperson of Department---Validity---Vice-Chancellor/respondent as well as members of the Harassment Committee had failed to apply their mind while entertaining the complaint-in-question and summoning the petitioner as the complaint-in-question did not certain any allegation of sexual orientation and nature---Any misdemeanor, behavior or conduct unbecoming of an employee or employer at workplace towards a fellow employee or employer, may it be generically classifiable harassment, is not actionable per-se, unless such behavior or conduct is shown to be inherently demonstrable of its 'sexual' nature---On the contrary, complaint-in-question showed that the same contained general allegations i.e. calling of complainant by petitioner in her office, treating her in allegedly undignified manner or giving verbal orders while very harsh, poor and contemptuous language, that too against petitioner (a teacher/pro-vice chancellor), had been used in the complaint---Petitioner, who also happened to be a female, had also a right to perform her duties as Pro-Vice Chancellor in a safe and inclusive work environment, whereas it seemed that she had been made scape goat, harassed and discriminated merely on linguistic basis by a local inhabitant---Similarly, the removal of the petitioner from several committees being Pro-Vice Chancellor was also flat defiance of law and illegal---High Court declared the summoning of the petitioner in the complaint-in-question as…
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