Compensation for Constitutional Wrongs of a Government Officer/ Government Servant
An important development in public law has been the recognition of compensation as a remedy against unlawful state action. Where citizens suffer mental anguish, financial loss, humiliation, harassment, or infringement of fundamental rights due to arbitrary or unlawful conduct of public authorities, courts have increasingly awarded compensatory and exemplary damages. The objective is twofold. First, compensation seeks to provide meaningful relief to the victim. Second, it serves as a deterrent by reminding public officials that abuse of power carries consequences.
Courts have emphasized that where governmental functionaries commit serious illegality, the affected individual should not be left without a remedy merely because the wrongdoer acted under color of public office.
Recovery from Delinquent Government Officers: While compensation may initially be paid by the State, the burden does not necessarily end there. Pakistani jurisprudence increasingly supports the principle that losses suffered by the public exchequer due to unlawful actions of officials may ultimately be recovered from the delinquent officers responsible for the misconduct.
This principle serves an important purpose. Public funds belong to the people and should not become a permanent source for satisfying liabilities arising from individual misconduct. Where a public functionary violates the law or acts in bad faith, personal accountability becomes an essential element of good governance.
Costs and Penalties Against Public Functionaries: Courts have also developed the practice of imposing compensatory and exemplary costs against government officers/government servants whose conduct demonstrates arbitrariness, high-handedness, abuse of authority, or blatant disregard of legal obligations.
The rationale is straightforward. Citizens should not be forced to spend time and resources challenging decisions that should never have been made in the first place. Such costs compensate affected individuals while simultaneously discouraging future misconduct by public authorities.
Also Read:
Personal Liability of Government Officers/Public Functionaries
Public Office of Government Servant Is a Trust, Not a Privilege
