LAHORE: The Lahore High Court (LHC) on Tuesday upheld the dismissal of Umer Shahzad, a former director of management at the Government Girls Vocational Institute in Jhang, for harassing a female teacher, ruling that workplace harassment is not limited to conduct within office premises.
In a 17-page written judgment, Justice Raheel Kamran dismissed Shahzad’s petition seeking reinstatement and affirmed earlier decisions by the Punjab Ombudsperson and the governor, finding no illegality in their orders.
The case arose from a complaint filed by Mehwish Riaz before the Punjab Ombudsperson. Riaz, who was serving as an ad hoc teacher at the institute, alleged that Shahzad subjected her to harassment by making inappropriate advances, sending messages aimed at establishing illicit relations, and claiming he had done her favours for which he demanded reciprocation. She further alleged that Shahzad threatened to cancel her appointment if she refused.
According to the complaint, Shahzad later went to Riaz’s house in September 2022 and attempted to rape her, forcing her to call Rescue-15, after which he fled. Riaz said Shahzad continued to threaten her following the incident, causing severe mental distress to her and her family.
Shahzad’s counsel argued that the provincial ombudsperson lacked jurisdiction as the alleged incident took place at a private residence rather than the workplace. It was also contended that disciplinary action could not be taken while criminal proceedings were pending.
The court rejected both arguments, holding that proceedings before the ombudsperson are independent of criminal cases. Justice Kamran noted that Shahzad had not denied his WhatsApp communication with the complainant, though he claimed the complaint was motivated by personal animosity and attempted to question her character.
The judge ruled that threatening termination of employment to coerce someone into a relationship amounted to a misuse of authority and that attempts to malign the complainant could not overshadow the respondent’s conduct.
The Punjab Ombudsperson, in a decision dated February 16, 2024, had found Shahzad guilty of harassment under Section 2(h) of the Protection Against Harassment of Women at the Workplace Act, 2010, and ordered his removal from service. Shahzad’s subsequent appeal was dismissed by the governor.
Upholding the decisions, the LHC also observed that women often delay reporting harassment due to fear of social stigma and concern for family honour, noting that such initial silence cannot be treated as a waiver of their right to seek justice once they gather the courage to come forward.
