KINZA ANWAR vs OFFICE OF THE OMBUDSMAN FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Ss

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KINZA ANWAR VS OFFICE OF THE OMBUDSMAN FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Ss.3 & 8---Constitution of Pakistan, Art. 199---Constitutional petition---Inquiry committee---Inquiry by Ombudsman---Principle---Petitioner / complainant was aggrieved of order passed by Federal Ombudsman setting aside order passed by authorities on the recommendations of Inquiry Committee, on the ground that members of the Committee were lower in rank to respondent / accused---Validity---Members of Inquiry Committee under S.3(2) of Protection against Harassment of Women at the Workplace Act, 2010, were not required to be senior to the person against whom the Committee was to conduct an inquiry---Ombudsman committed a jurisdictional error and a patent illegality by setting-aside decision of the authorities on the ground that all members of the Committee were not senior to respondent / accused--- Inquiry was to be conducted by the forum before which complainant had opted to prefer a complaint---Ombudsman, under S.8(3) of Protection against Harassment of Women at the Workplace Act, 2010, had jurisdiction to conduct inquiry into the matter and conduct proceedings as he could deem proper but such was only where an employee had opted to file complaint before Ombudsman under S.8(1) of Protection against Harassment of Women at the Workplace Act, 2010---Ombudsman committed a patent error of law and committed a jurisdictional error by setting aside decision of authorities on the sole ground that two of the three members of the Committee that conducted inquiry against respondent/accused were junior to him---High Court set aside order passed by Ombudsman to conduct a fresh inquiry against respondent/accused as the same was without jurisdiction and remanded the matter to Ombudsman for decision afresh---Constitutional petition was allowed accordingly.

KINZA ANWAR vs OFFICE OF THE OMBUDSMAN FOR PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE Ss — 2022 CLC 1477 ISLAMABAD

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