ISLAMABAD   -   The Federal Ombudsperson for Protection Against Harassment of Women at Workplace Kash­mala Tariq has pronounced the verdict in a case related to har­assment of a nurse by an assis­tant clinical instructor of College of Nursing, Pakistan Institute of Medical Sciences (PIMS), in­formed sources on Saturday.

In her verdict, the Federal Om­budsman for Protection Against Harassment of Women at Work­place Islamabad directed the ad­ministration of College of Nurs­ing to remove assistant clinical instructor Muhammad Tahir from service. A fine of Rs 500,000 has also been imposed on the con­vict that would be used as com­pensation for the complainant, they said. The copy of order of the Federal Ombudsman for Protec­tion Against Harassment of Wom­en at Workplace Islamabad, is also available with The Nation. 

According to sources, Ms KS, a student of 2nd Year BSc Nursing, College of Nursing, PIMS, filed a complaint against the accused before principal on 29/9/2018 that assistant clinical instruc­tor Muhammad Tahir has sexual­ly harassed her. The college prin­cipal forwarded the complaint to the Chairperson Harassment Committee PIMS Islamabad on 1/10/2018, they said adding that the harassment committee sub­mitted its report to the competent authority on 23/10/2018 stating that the complainant could not produce any record regarding ob­jectionable messages or phone calls. Sources said the report of the committee was kept confiden­tial on which the victim student filed second complaint with Fed­eral Ombudsman for Protection Against Harassment of Women at Workplace. They said the FOSPAH held the inquiry committee consti­tuted as against the law and hence the inquiry report was set aside vide order dated 13/12/2018. 

Sources disclosed that the ac­cused instructor Muhammad Ta­hir challenged the order of FOS­PAH with Islamabad High Court with petition number 531/2019 dated 29/2/2019 but it was also dismissed by the apex court vide order dated 13/2/2020. They added after that the application of the accused with regard to objec­tion on jurisdiction of the forum and maintainability of the com­plaint was dismissed vide order dated 17/6/2019. During the pro­cess of recording evidences, they said, the accused was burdened with cost of Rs15,000 vide order dated 27/1/2021. The accused also assailed that order in a rep­resentation before the office of the President of Pakistan but that representation failed and the case remanded back to FOSPAH, sourc­es mentioned.

Sources revealed that the ac­cused party tried level best to prolong and delay the case one way or the other. The complainant raised hue and cry on the delay so caused but the accused would succeed in prolonging the mat­ter through different tactics. They said that at last the trial and in­quiry came to an end and both the parties recorded their evidence and their learned counsel argued their respective viewpoints.

Sources said that the FOSPAH, while putting all the record and evidence together, found the ac­cused guilty of causing sexu­al harassment to the complain­ant Ms KS, a nurse, in terms of the provisions of the Protection Against Harassment of Women at the Workplace Act 2010 (now Amended Act 2022). 

They said FOSPAH also re­marked, “Accused is, therefore, proceeded against under Section 4(4)(ii)(c)(e) of the Act 2010 and is imposed upon the major pen­alty of removal from service with a fine of Rs500,000 which would be used as compensation for the complainant.”