Law: Constitution of the Islamic Republic of Pakistan, 1973

Section: 8(1)

  Summary of Judgment The petitioner, former Director General/CEO of the Hydrocarbon Development Institute of Pakistan (HDIP), challenged a recovery notice dated 29.10.2019 through a constitutional petition under Article 199 of the Constitution. He argued that the notice demanding recovery of Rs. 3,692,530/- was contrary to earlier judgments of the High Court, which had upheld his appointment for two years and directed that his salary package be subject to Federal Government approval. The petitioner maintained that the Court had never ordered recovery of any amount and that the salary and benefits received by him were lawfully drawn while he performed his duties. The High Court dismissed the petition, holding that its earlier judgment had expressly provided that if the Federal Government approved a lower salary package, the salary and benefits already drawn would be “adjusted accordingly.” The Court ruled that adjustment necessarily includes recovery of excess payments and that the petitioner could not retain benefits beyond those lawfully approved. Since the Federal Government subsequently revised his tenure and pay package and those decisions were never challenged, the recovery notice was held lawful. The Court further observed that public funds must be recovered when paid in excess and found no illegality, mala fide, or jurisdictional defect in the respondents’ actions. Consequently, the writ petition was dismissed and interim relief was vacated. JUDGMENT SHEET.    MUHAMMAD ASIF, J.- Through the instant writ petition, the petitioners have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (“the Constitution”), seeking the following relief:   “In view of above, it is prayed that the writ petition may kindly be allowed, impugned recovery notice No.HDIP/PF-1/2017 dated 29.10.2019 may be declared illegal, against the judgments of this Honorable Court and be set aside.   Any other relief which this Honourable Court deems fit and proper be also granted.  Meanwhile operation of impugned recovery notice be…