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IHC suspends FOSPAH, President’s orders removing HSA vice chancellor

Islamabad: The Islamabad High Court (IHC) has suspended two orders under which Health Services Academy (HSA) Vice Chancellor Prof Shahzad Ali Khan was removed from service in a workplace harassment case.

Chief Justice Sardar Muhammad Sarfraz Dogar passed the interim order on Thursday while hearing Prof Shahzad’s petition challenging the President of Pakistan’s decision that upheld an earlier order of the Federal Ombudsperson Secretariat for Protection Against Harassment of Women at Workplace (FOSPAH).

The court issued notices to the respondents, observing that the points raised in the petition required consideration, and suspended the operation of both orders until further proceedings.

FOSPAH had earlier imposed the major penalty of removal from service on Prof Shahzad after accepting a cross-complaint against him, while dismissing a complaint he had initially filed against the other party.

Prof Shahzad challenged the FOSPAH order before the President of Pakistan, but his representation was dismissed and the penalty of removal from service was maintained. He then moved the Islamabad High Court, challenging both decisions.

According to the court order, Prof Shahzad’s counsel argued that he had initially approached FOSPAH accusing the other party of blackmailing, intimidation, financial impropriety and other misconduct, after which a cross-complaint was filed against him.

His counsel further argued that while deciding his representation, the President had himself observed that “this is not a case of sexual harassment” and that no specific incident of sexual harassment had been identified, but still maintained the removal penalty on other grounds, including retaliation, creation of a hostile work environment and gender-based harassment.

The counsel contended that Prof Shahzad was not given a meaningful opportunity to defend himself against those grounds on which the penalty was ultimately maintained.

The court did not give any final ruling on these arguments or the merits of the case, observing only that the points raised required consideration. It issued notices to the respondents for further hearing.

Following the interim relief, Prof Shahzad said he was back as HSA vice chancellor and would continue to strive for justice.

The matter remains pending before the Islamabad High Court.

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