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

Section: 6(1)

ORDER SHEET                                                               Through the instant writ-petition, petitioner (Safdar Hussain, Inspector, Motorway Police) impugns Notifications dated 17.05.2022 and 25.05.2022 issued by respondents 1 & 2 (IG & DIG, NHA, Islamabad), whereby on completion of maximum deputation period in NH&MP and on disciplinary grounds, he was repatriated from NH&MP to parent department i.e. Sindh Police and was ordered to be relieved after necessary clearance.   Relevant facts, set-out in the petition, are that  the petitioner while serving in Sindh Police inducted in NH&MP on deputation basis where he served for about 16 years; that respondent No. 7 filed a complaint against the petitioner on the allegations of harassment at workplace upon which respondent No. 3 issued statement of allegations on 08.03.2022 constituting Inquiry Committee by appointing respondent No. 4 as Chairperson; that the latter issued a call up notice to the petitioner on 21.03.2022 for his appearance before the Committee on 25.03.2022; that the petitioner submitted written defence to the charge-sheet and statement of allegations and requested for change of Inquiry Committee through a written application dated 27.03.2022; that the petitioner also submitted an application to respondent No. 4 for stoppage of inquiry proceedings followed by an application to respondent No. 3 for personal appearance; that the respondents without deciding fate of his applications, on the basis of ex-parte inquiry report issued repatriation order with direction to relieve from the duties vide impugned notifications, hence instant writ petition.   According to the learned counsel, the proceedings of inquiry have been conducted in violation of due procedure as before proposing major penalty, no show cause notice was issued to the petitioner; that petitioner was…