UMER SHEHZAD vs OMBUDSPERSON (MOHTASIB) PUNJAB Ss — 2026 PLD 303 LAHORE-HIGH-COURT-LAHORE

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UMER SHEHZAD VS OMBUDSPERSON (MOHTASIB) PUNJAB Ss.2(n), 4(4) & 8---Constitution of Pakistan, Art.13---Harassment at workplace complaint---Occurrence not taking place at workplace, plea of---Jurisdiction of Ombudsman, challenge to---Abuse of authority by supervisor---'Whatsapp' messages, evidentiary value of---Facts: Petitioner challenged the order whereby the Governor of Punjab dismissed his representation and upheld the Ombudsperson (Mohtasib) decision passed on a harassment complaint filed by respondent No.3, an ad hoc teacher at agovernment vocational institute where the petitioner was her supervisory officer; after inquiry and recording evidence, the Ombudsperson held the petitioner guilty of "harassment" under the Protection Against Harassment of Women at the Workplace Act, 2010 and imposed the major penalty of removal from service, which was affirmed in representation, leading to the filing of present constitutional petition---Issue: "Whether, in the circumstances, the Ombudsperson lawfully assumed jurisdiction and the impugned findings/penalty could be sustained, particularly regarding the requisite nexus with 'workplace'?"---Held: Plea of petitioner/accused regarding occurrence not taking place at workplace was misconceived as the mandate and scope of Act, 2010 travelled beyond the boundaries of office building---The facts of the present case unmistakably disclosed a sufficient workplace nexus, thereby excluding the hypothesis that the petitioner's conduct was purely personal in nature---In the present case, the parties did not interact as equals in a private capacity; rather, their relationship was structured by hierarchy and dependence---Factors highlighted provided a sufficient evidentiary foundation under the standard of preponderance of probabilities, justifying reliance on the 'Whatsapp' messages to establish harassment and abuse of authority within the workplace, without necessitating formal forensic certification---The petitioner's alleged visit to the complainant's residence could not be viewed in isolation; it appeared, prima facie, to be a continuation of a pattern of harassment that had already manifested through workplace-linked communication and misuse of supervisory authority---The conclusion regarding the guilt of the petitioner reached by the Ombudsperson, affirmed by the Governor, appeared to be not only in consonance with law but also reasonable and logical inference that could be drawn from the material available on the record in the given facts and circumstances of the case---Constitutional petition was dismissed, in circumstances.

UMER SHEHZAD vs OMBUDSPERSON (MOHTASIB) PUNJAB Ss — 2026 PLD 303 LAHORE-HIGH-COURT-LAHORE

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