IMRAN AMIR vs Mst — 2023 CLC 1059 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

IMRAN AMIR VS Mst. ISMAT BIBI Ss.8, 4 & 10---Ombudsperson to enquire into complaint---Procedure for holding inquiry---Powers of the Ombudsperson---Scope---Object behind the enactment of Protection against Harassment of Women at the Workplace Act, 2010, is to protect a woman from being harassed at the workplace---Inquiry proceedings conducted by the Ombudsperson pursuant to a complaint filed by an employee under S.8(1) are not criminal proceedings---Section 8(3) of the Act provides that the Ombudsperson shall conduct an inquiry into the matter according to the rules made under the Act and conduct proceedings as the Ombudsperson deems proper---Under S.10(2), the Ombudsperson, while making a decision on a complaint, can impose any of the minor or major penalties specified in S. 4(4) of the Act. Citation Name: 2023 CLC 1059 ISLAMABADBookmark this Case IMRAN AMIR VS Mst. ISMAT BIBI Concurrent civil and criminal proceedings---Permissibility---There is no bar on the institution of civil proceedings on a cause which is also the subject matter of criminal proceedings because not only the object of proceedings is different but also the standard and onus of proof is different in the civil and criminal proceedings. Citation Name: 2023 CLC 1059 ISLAMABADBookmark this Case IMRAN AMIR VS Mst. ISMAT BIBI Concurrent civil and criminal proceedings---Permissibility---Where an act or omission constitutes a criminal offence as well as a civil wrong, the mere fact that an accused has been acquitted from a criminal charge does not ipso facto mean that he stands absolved from civil liability---Criminal and departmental proceedings against an employee can go side by side and may even end in varying results---Departmental and criminal proceedings can be taken simultaneously and are independent of each other---Acquittal in a criminal case would not constitute a bar for the initiation of the disciplinary proceedings---Criminal proceedings and departmental proceedings against a civil servant are entirely different as one relates to the enforcement of criminal liability and the other is concerned with service discipline. Citation Name: 2023 CLC 1059 ISLAMABADBookmark this Case IMRAN AMIR VS Mst. ISMAT BIBI Ss.8, 4, 10 & 12---Constitution of Pakistan, Art.13---Constitutional petition---Ombudsperson to enquire into complaint---Procedure for holding inquiry---Provisions of the Act in addition to and not in derogation of any other law---Protection against double punishment and self-incrimination---Scope---Petitioners sought dismissal of complaint filed by respondent before the Ombudsperson for Protection against Harassment of Women at the Workplace on the ground that an FIR on similar allegations had already been filed against them---Validity---Ombudsperson while making a decision on a complaint could impose any of the minor or major penalties specified in S. 4(4) of the Protection against Harassment of Women at the Workplace Act, 2010---In the event the charge against the petitioners was proved in the trial pending before the Additional Sessions Judge, the Trial Court could convict the petitioners for offences under Ss.376, 509 and 511, P.P.C.---Sentences which the criminal court could award to the petitioners were dissimilar to the minor or major penalties that the Ombudsperson could impose on the petitioners if the allegations made by respondent against them were established---Moreover, S. 12 of the Protection against Harassment of Women at the Workplace Act, 2010, had made it clear that the provisions of the Act would be "in addition to" and not in derogation of any other law for the time being in force---Constitutional petition was dismissed.

IMRAN AMIR vs Mst — 2023 CLC 1059 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 CLC