Pakistan: Sindh High Court extends suspension of K-Electric CEO's removal over harassment case

Karachi [Pakistan], August 9 : The Sindh High Court (SHC) on Friday extended till September 12 its interim order suspending the removal of K-Electric CEO Moonis Alvi over workplace harassment allegations, The Dawn reported. The extension follows a petition filed by Alvi challenging the provincial ombudsman's decision.

On July 31, the provincial ombudsman for protection against harassment of women at workplaces had ordered the removal of Alvi for allegedly harassing a former chief marketing and communication officer of K-Electric and directed him to pay PKR 2.5 million in compensation to the complainant, The Dawn reported.

Alvi filed a petition before the SHC on August 1, which suspended the ombudsman's order and issued notices to the respondents for August 8. During Friday's hearing before a two-judge bench headed by Justice Mohammad Iqbal Kalhoro, comments were filed on behalf of the ombudsman registrar, while the complainant also submitted a reply and an application seeking to set aside the interim order passed by the SHC, The Dawn reported.

Alvi's lawyer requested more time to review the documents to file a rejoinder and counter-affidavit. The bench adjourned the hearing till September 12 and extended the earlier interim order suspending the ombudsman's decision.

The provincial ombudsman's office, through its registrar, stated that under the Protection Against Harassment of Women at the Workplace Act, 2010, an appeal against the ombudsman's order could be filed before the Sindh governor, and the petitioner had already availed this remedy. The registrar said the impugned order was based on available material and merits, but was appealable under Section 9 of the Act, The Dawn reported.

The registrar also noted that the issue of trans-provincial establishment raised by Alvi's counsel had been previously decided, with the SHC dismissing an identical petition filed by K-Electric officials in 2021. The matter is pending before the apex court after a challenge by K-Electric.

The complainant, Mahreen Aziz Khan, argued that the petition was not maintainable as Alvi had already used an efficacious remedy, and a petition under Article 199 of the Constitution is only maintainable if no other adequate legal remedy exists. She also filed an application to set aside the SHC's interim order, The Dawn reported.

In his petition, Alvi contended that K-Electric is a trans-provincial entity and the provincial ombudsman lacks jurisdiction, asserting that the federal ombudsman should handle such complaints. He claimed the complainant was unable to adjust to her senior position due to performance issues and was terminated, after which she filed the harassment complaint in retaliation.

He further described the complaint as "motivated by ulterior designs aimed at pressurising and humiliating power utility head" and said the ombudsman's order was "not only illegal and without jurisdiction, but also amounted to an abuse of the process of law."

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