Sexual Harassment Case against Khalid Javaid, ED, Lok Virsa
Lok Virsa Executive Director’s petition to the office of the Woman Ombudsperson for rejection of the complaint against him on the grounds that the complaint against him is not maintainable under the law was rejected in a recent hearing of the case.
The written decision in response of Complaint No. 1(4)/2011-Registrar of 2011 of the Ombudsperson reiterates that harassment means any unwelcome sexual advance, request for sexual favour or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes causing interference with work performance or creating an intimidating , hostile or offensive environment or the attempt to punish the complainant for refusal to comply to such a request or is made a condition of employment.
Briefly the facts of the complaint lodged by Program Executive,LokVirsaMuseum are that Khalid Javaid was instrumental in fabricating a false case of theft and pilferage of theft materials against the complainant in a bid to have her ousted from her regular job and appoint one of his favourites in her position.
The complainant says that on the instigation and patronage of Khalid Javaid the accused, his personal assistant and his gang teased her, passed vulgar remarks, way lad her, making free movement on the campus impossible for her.
Harassment at work, and undignified, dishonorable, disgusting, lurid, offensive work environment forced her to resign. That her salary was illegally held up for over a year by the accused respondent when she was serving in the ministry of culture, but was on the payroll of Lok Virsa.
That on return back to Lok Virsa she was transferred to Media department despite her appointment, training and responsibilities as in-charge Museum Design and Museum Maintenance.
The accused also forged documents on her personal file and provided false information to the auditors to cause serious observations in yet another bid to oust her from her job.
Non availability of ACRs and repeated persuasion during high level meetings for her dismissal and deletion of her name from seniority lists were ways adopted by Khalid Javaid to punish the complainant, to create hostile environment for her.
The Ombudsperson on careful scrutiny and deliberations ruled that the case constitutes a case of hostile work environment created by the accused and his gang. Hence the forum has jurisdiction over the matter.