ISLAMABAD, Jun 18 (APP):In a powerful reminder that justice must be both fair and firm, the Federal Ombudsperson for Protection Against Harassment at the Workplace (FOSPAH), Ms. Fauzia Viqar, issued a detailed order in the appeal filed by Muhammad Jamil, a former Branch Manager at Habib Bank Limited (HBL), said in a press release issued here on Wednesday.
Mr. Jamil had challenged the major penalty of removal from service imposed on him following a workplace harassment complaint lodged by a female colleague under the Protection Against Harassment of Women at the Workplace Act, 2010. The appeal questioned both the validity of the inquiry proceedings and the proportionality of the penalty.
After a thorough review of evidence, the Federal Ombudsperson held that while the internal investigation followed legal procedures under the Protection Against Harassment of Women at the Workplace Act, 2010, the penalty of removal from service was disproportionate. The evidence, including WhatsApp messages containing a marriage proposal sent outside office hours, demonstrated unprofessional and inappropriate behavior, but was not grave enough to warrant dismissal.
In a decision that underscores the importance of proportional justice, the FOSPAH modified the original penalty. Instead of dismissal, the appellant has been demoted to a lower post. A fine of PKR 200,000 has also been imposed, with PKR 100,000 directed to be paid to the complainant as compensation. Furthermore, to ensure a safe working environment, the Ombudsperson has ordered the separation of the workplaces of the complainant and the accused. HBL has been directed to submit a compliance report within fifteen days.
The decision reaffirms FOSPAH’s commitment to ensuring accountability for harassment while safeguarding the principles of fair trial and due process.
