ISLAMABAD: The President of Pakistan has rejected the plea filed by former Pakistani ambassador, Nadeem Riyaz, in a sexual harassment case.
As per the details, former Pakistani Ambassador Nadeem Riyaz had filed a representation before the President of Pakistan, assailing the order dated May 14, 2022 of the Federal Ombudsman for protection against harassment of women at workplace.
Federal Ombudsman for protection against harassment of women at workplace in its order had imposed major penalty of dismissal from service against Nadeem Riyaz under section 4(4)(ii)(d) of the Act 2010 besides imposition of Rs5 million penalty to be paid to the complainant as compensation and cost of litigation for her ordeal at the hands of the accused.
It is pertinent to note that an officer of Commerce and Trade Group Saira Imdad in her complaint before Federal Ombudsman for protection against harassment of women at workplace had alleged that Nadeem Riyaz as Ambassador of Pakistan to Rome had dealt with her in a highly disrespectful, hostile and humiliating manner.
The accused officer directed her to travel along with him to places un-related to her job and she was also directed to arrange residence near to the residence of the accused.
The President of Pakistan in its order stated that the Ombudsman had rightly observed in the impugned order that there seems no reason for the complainant to file a false complaint against a senior officer and a boss like the accused when there existed no previous grudges, ill will or malice.
All the incidents narrated in the complaint when put in juxtaposition with the evidence produced by the complainant establishes the guilty of the accused for the charges of sexual harassment.
The penalties prescribed under the Act include minor and major penalties inter alia dismissal from services and fine. The ultimate penalty of dismissal from service has been imposed and a fine of Rs5 million.
So far as the imposition of fine worth Rs5 million is concerned it seems to be on a higher side. The principle of reasonableness and proportionality demands that the same is modified and is reduced to Rs3.5 million payable to the complainant.
President in its order also stated that the accused had attained the age of superannuation on July 26, 2020 and the order was passed on May 14, 2022 is of no significance as the incidents of harassment were of the time when he was in service. Had the proceedings not been dragged for long the complaint for the year 2019 would have been decided much earlier, the order stated.
President order further questioned that such a latitude, if permitted, can be used as a tool to drag and delay the proceedings to the benefit of a party.
In addition, such a conduct indeed will be an insult in defeating the whole object and purposes of law and the pursuit of the case record smacks of the defiant conduct of a party, making mockery of law and process.
Accordingly, the President has been pleased to reject the instant representation with the modification to the extent of fine as per Para above.
