Personal Liability of Government Officers/Public Functionaries
The law has moved far beyond the notion that public officials can avoid responsibility merely because they act under the banner of the State. Modern constitutional jurisprudence recognizes that public functionaries are accountable for both their actions and omissions.
Where the power is abused, duties are neglected, rights are violated, or citizens suffer because of arbitrary conduct, personal liability may follow. The principle is clear that public power is a sacred trust. Those entrusted with it must exercise it responsibly, lawfully, and in the public interest. When they fail to do so, accountability is not an exception it is the inevitable consequence of the rule of law
Personal Liability of Government Servant/Officers for Abuse of Power: The modern trend in Pakistani jurisprudence recognizes that public officials may be held personally liable when they misuse or abuse the authority entrusted to them. Personal liability can arise in a variety of circumstances, including where an official acts mala fide or for an improper purpose, exercises power arbitrarily or capriciously, violates constitutional or legal rights, disregards mandatory legal duties, causes the unlawful deprivation of property or liberty, or acts with gross negligence or reckless indifference. Liability may also be imposed where unlawful conduct by a public official compels citizens to engage in unnecessary litigation in order to vindicate their rights.
In such cases, the conduct in question is not regarded as a lawful exercise of statutory authority but rather as an abuse of power. The statutory protections that are available for acts performed in good faith cannot be invoked to shield the wrongdoing, bad faith conduct, or a colorable exercise of authority.
Liability Arising from Omissions of Public Functionaries/Government Officers: Accountability is not confined to wrongful acts. Public functionaries may also be liable for failures to act. Many public offices carry positive obligations. Police officers must respond to complaints. Regulatory authorities must perform statutory duties. Administrative officials must exercise powers entrusted to them by law. Failure to discharge these obligations can cause serious harm to citizens.
Superior Courts of Pakistan have repeatedly observed that when public officials fail to perform duties imposed by law, constitutional courts possess ample authority to compel performance through appropriate writs and to grant relief where citizens suffer as a result of official inaction. An omission that results in the violation of constitutional rights can be as damaging as an unlawful act.
The Rule of Law Demands Accountability: The doctrine of rule of law rests on a simple proposition: every person, regardless of rank or office, is subject to the law.
Public functionaries/Government officers exercise authority only because the law confers it upon them. Their actions enjoy legal protection only so long as they remain within the boundaries of lawful authority. Once an officer/government servant acts beyond jurisdiction, abuses discretion, acts mala fide, or deliberately disregards legal obligations, the protective shield ordinarily available to official actions begins to disappear.
Superior Courts of Pakistan have consistently held that authority cannot be exercised according to personal likes, dislikes, whims, or extraneous considerations. Public power must always be exercised in the public interest and for the purpose for which it was granted.
Also Read:
Compensation for Constitutional Wrongs of a Government Officer/ Government Servant
Public Office of Government Servant Is a Trust, Not a Privilege
