Mirza SALMAN BABAR BEG vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Ss

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Mirza SALMAN BABAR BEG VS FEDERATION OF PAKISTAN through Secretary, Establishment Division Ss. 3, 4 & Preamble---Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 2, 3 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Misconduct---Disciplinary proceedings---Harassment at workplace---Proceedings---Object, purpose and scope---Petitioner / civil servant was aggrieved of show cause notice issued to him regarding departmental inquiry on the allegation of sexual harassment of a female employee---Validity---Proceedings initiated under provisions of Government Servants (Efficiency and Discipline) Rules, 1973 are a matter between Federal Government in its capacity as an employer and a civil servant in his/her capacity as an employee---Purpose of such proceedings is to ensure that an employee is abiding by the terms and conditions of service prescribed for purposes of his/her conduct in discharge of his/her duties---Object and scope of Protection Against Harassment of Women at the Workplace Act, 2010 is altogether different as the rationale for enactment of such law, as explained in its Preamble, is to provide for protection of women from harassment at workplace---Set of facts on the basis of which a complaint was founded against accused under provisions of Protection Against Harassment of Women at the Workplace Act, 2010 needed to be inquired into, which if proved, consequences and penalties prescribed under Protection Against Harassment of Women at the Workplace Act, 2010 were to flow toward petitioner / civil servant---Proceedings under Protection Against Harassment of Women at the Workplace Act, 2010 are adversarial in nature, where a complainant makes allegations against an accused and the same have to be proved on the basis of cogent evidence---Penalties prescribed in terms of S. 4 of Protection Against Harassment of Women At the Workplace Act, 2010 may be similar to, or overlap with, the penalties prescribed in terms of R. 4 of Government Servants (Efficiency and Discipline) Rules, 1973, and the same has no bearing on the object, purpose and effect of the proceedings under Protection Against Harassment of Women at the Workplace Act, 2010 on one hand and Government Servants (Efficiency and Discipline) Rules, 1973, on the other---High Court declined to interfere in show cause notice issued to petitioner / civil servant--- Constitutional petition was dismissed in circumstances.

Mirza SALMAN BABAR BEG vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Ss — 2026 PLD 72 ISLAMABAD

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