Staff Reporter
ISLAMABAD: The Federal Constitutional Court has overturned an Islamabad High Court ruling and restored an order issued by the President of Pakistan in a workplace harassment case.
The court ruled that a complaint without a sexual element does not fall within the jurisdiction of the Federal Ombudsman for Protection Against Harassment. It said organizations can take action against inappropriate conduct under their respective service rules.
According to the court, not every form of inappropriate behavior constitutes sexual harassment, and a sexual element is necessary for proceedings under the harassment law.
The court further observed that the Harassment Act does not apply to general complaints. It also held that the President is authorized to hear representations against decisions of the ombudsman, while the High Court can intervene only on limited constitutional grounds.
The case involved two bank officers who had been dismissed by the federal ombudsman. The President later modified the punishment to a reprimand.
The Islamabad High Court had subsequently set aside the President’s order and restored the ombudsman’s decision. The Federal Constitutional Court has now overturned the IHC ruling and reinstated the presidential order.