MUHAMMAD JAVAID AFZAL vs OFFICE OF THE GOVERNOR, PUNJAB, LAHORE Ss — 2025 PLC(CS) 1308 LAHORE-HIGH-COURT-LAHOR

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MUHAMMAD JAVAID AFZAL VS OFFICE OF THE GOVERNOR, PUNJAB, LAHORE Ss.4(4), 8 & 10---Protection against Harassment of Women at the Workplace Rules, 2013, R.10---Constitution of Pakistan, Art.199---Harassment at workplace, allegation of---Major penalty of removal from service, imposition of---The challenge in the present Constitutional petition centered upon the petitioner's removal from service pursuant to concurrent orders passed by the Ombudsperson and the Governor, under the Protection against Harassment of Women at the Workplace Act, 2010, following allegations of workplace harassment---Held: During the course of the proceedings, petitioner's co-accused (respondent No.4), submitted a sworn affidavit in which he admitted that he along with the petitioner (under the influence of petitioner), harassed respondent No.3 (complainant) which significantly undermined the petitioner's (main accused) case---Furthermore, during cross-examination, the co-accused reiterated that he had harassed respondent No.3 at the petitioner's behest---Notably, the petitioner neither filed any counter-affidavit to rebut these allegations nor specifically denied them---He also failed to put forth any questions to the co-accused during cross-examination that could have challenged or discredited the veracity of these claims---Therefore, well-settled principle of law that 'the absence of a specific denial amounts to an admission' was applicable in the present case---In the present case, the forums below observed that the complainant was inappropriately touched and blatantly recorded on video---The petitioner/accused was captured on cctv footage pointing his mobile phone camera at the complainant---Based on the repeated acts of offensive conduct and incidents of harassment detailed by the complainant and corroborated by witnesses, none of whom were confronted or cross-examined by the accused, the allegations stood proved---The penalty imposed was proportionate to the severity of the sustained harassment perpetrated by the petitioner, which established a clear pattern of offensive behavior---No illegality or legal infirmity in the impugned concurrent decisions were found, therefore, no interference was warranted---Constitutional petition being devoid of merits was dismissed, in circumstances.

MUHAMMAD JAVAID AFZAL vs OFFICE OF THE GOVERNOR, PUNJAB, LAHORE Ss — 2025 PLC(CS) 1308 LAHORE-HIGH-COURT-LAHORE

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