اھور ہائیکورٹ نے پنجاب بھر میں پٹواریوں کے غیر سرکارین عمارتوں میں دفتر بنانے اور پرائیویٹ شخص کو ملازم (منشی ) رکھنے پر پابندی عائد کر دی۔ خلاف ورزی پر مقدمات کے اندراج اور گرفتاریاں ۔

2023 PCrLJ 1623

 لاھور ہایئکورٹ کی طرف سے حکم نامہ جاری کیا گیا ھے کہ پٹواریوں کو غیر سرکارین عمارتوں میں دفتر بنانے اور پرائیویٹ شخص کو ملازم (منشی ) رکھنے کی اجازت نہ ھے

لاھور ہایئکورٹ کی طرف سے سینئر ممبر بورڈ آف ریونیو ، پنجاب کو ہدایت کی گئی ہے کہ وہ فوری طور پر اس بات کو یقینی بنانے کے لئے مناسب اقدامات کرے کہ کسی بھی پرائیویٹ شخص کو پٹواری کے ساتھ کام کرنے کی اجازت یا محکمہ مال کے ریکارڈ تک رسائی حاصل نہ ھو۔

سینئر ممبر بورڈ آف ریونیو کو یہ بھی ہدایت کی گئی ہے کہ وہ اس بات کو یقینی بنائے کہ نجی عمارتوں میں پٹواریوں کے قائم کردہ دفاتر کو فوری طور پر سرکاری عمارتوں میں منتقل کیا جائے۔

لاھور ہایئکورٹ کی طرف سے ڈائریکٹر جنرل ، اینٹی کرپشن ، پنجاب کو بھی ہدایت کی گئی ہے کہ وہ ان پٹواریوں کے خلاف مناسب کارروائی شروع کرے جو مستقبل میں نجی افراد کی خدمات حاصل کرنے میں ملوث پائے جائیں۔

A Patwari is a “public servant” and any professional misdeed makes him accountable under departmental disciplinary proceedings and also renders him vulnerable to criminal prosecution under the sphere of Anti-Corruption Laws. On the contrary, since the services of a Munshi are hired by the Patwari through personal financial arrangements, thus for all practical purposes, he is a private person and not a public servant. Very oftently, such privately engaged persons are found involved in record tampering cases and even are burdened with the allegation of receiving illegal gratification but due to their status neither disciplinary proceedings can be initiated against them nor ACE can lay hands upon them. It needs no elaboration that the revenue document is required to be prepared and signed by some official but due to rampant practice of hiring the services of private persons, such document is left to be prepared by a Munshi. On occasions, the genuineness of a revenue document so prepared by a Munshi is challenged and since the writing and signatures do not match with the writing of a Patwari so it entails consequences of a criminal case for forgery against innocent persons. Even otherwise, this is an astonishing idea to leave land record of innocent citizens at the mercy of those who have no acceptable legal justification for their presence in the revenue offices. Even previously such malpractice was noticed by the superior courts and appropriate orders were issued but were ignored through a dogmatic approach.

In the wake of above facts, notices were issued to Assistant Collector, Deputy Collector and Commissioner Bahawalpur as well as to the Senior Member Board of Revenue. All of them were asked to explain about their delinquency for paying no heed to the directions of the Hon’ble Apex Court and of this Court but they were found speechless and had no explanation to offer. The shortage of revenue staff was the solitary explanation canvassed by the Senior Member Board of Revenue behind the subject illegality, which on account of its frailty is destined to be rejected.

In my view instead of allowing corruption to go unchecked in revenue circle on the lame excuse of staff-shortage, the Board of Revenue is to go for fresh recruitments. I have no hesitation to hold that conferring permission to a Patwari, for hiring the services of a Munshi and to establish a Patwarkhana in a private building from his personal financial resources, amounts to institutionalizing corruption. It goes without saying that bureaucratic indifference is the best breeding ground for corruption to grow. We must not forget that integrity, transparency and urge to resist against corruption have to be made part of our culture so as to rise as a nation on the world glob. I feel inner pain to mention here that due to afore-mentioned reasons, we are amongst the top nations in the World Index of corrupt countries.

This Court is not oblivious of the fact that though the immediate removal of privately engaged persons from revenue offices will cause discomfort to the general public but in order to make Pakistan a better living country for coming generations, we must get rid of all compromises. In view of above, I dispose of this petition in following terms and directions:-

(i) Senior Member Board of Revenue, Punjab is directed to forthwith take appropriate steps for ensuring that no privately engaged person is permitted to work in the revenue circles or to have access to the revenue record.

(ii) Senior Member Board of Revenue is also directed to make sure that the offices set up by the Patwaris in the private buildings hired by them be immediately shifted to the official buildings.

(iii)) Director General, Anti-Corruption, Punjab is further directed to initiate appropriate proceedings against Patwaris who in future are found involved in hiring the services of private persons for the performance of their official duties. Likewise, if in future any such case is detected D.G. Anti-Corruption, Punjab shall take action even against Assistant Commissioner, District Coordination Officer or Commissioner concerned as facilitators.

Salary of a Patwari ranges in between Rs.35,000/- to 45,000/- per month and in such circumstances it looks strange as to how a lowly paid public servant can afford not only the premises on rent but also the services of private persons for the performance of their official duties. It will not be out of context to state here that hiring the services of private persons and establishing of Patwarkhanas in private buildings obtained through personal financial resources is a luxury, which by all means does not commensurate with the salary of a Patwari and indicates the prevalent corruption in revenue offices. Such malpractice, which is being carried out throughout the Province of Punjab, is giving vent to corruption in revenue circles and unfortunately flourishing day-by-day due to insouciant attitude of bureaucratic hierarchy. A Patwari is a “public servant” and any professional misdeed makes him accountable under departmental disciplinary proceedings and also renders him vulnerable to criminal prosecution under the sphere of Anti-Corruption Laws. On the contrary, since the services of a Munshi are hired by the Patwari through personal financial arrangements, thus for all practical purposes, he is a private person and not a public servant. Very oftently, such privately engaged persons are found involved in record tampering cases and even are burdened with the allegation of receiving illegal gratification but due to their status neither disciplinary proceedings can be initiated against them nor ACE can lay hands upon them. It needs no elaboration that the revenue document is required to be prepared and signed by some official but due to rampant practice of hiring the services of private persons, such document is left to be prepared by a Munshi. On occasions, the genuineness of a revenue document so prepared by a Munshi is challenged and since the writing and signatures do not match with the writing of a Patwari so it entails consequences of a criminal case for forgery against innocent persons. Even otherwise, this is an astonishing idea to leave land record of innocent citizens at the mercy of those who have no acceptable legal justification for their presence in the revenue offices. Even previously such malpractice was noticed by the superior courts and appropriate orders were issued but were ignored through a dogmatic approach.

This Court is not oblivious of the fact that though the immediate removal of privately engaged persons from revenue offices will cause discomfort to the general public but in order to make Pakistan a better living country for coming generations, we must get rid of all compromises. In view of above, I dispose of this petition in following terms and directions:-

(i) Rafique Ahmed (petitioner) shall be released on bail in case FIR No.5/2021 dated 05.03.2021 registered under Section 5 (2) of the Prevention of Corruption Act, 1947 read with Section 161 of Pakistan Penal Code, 1860 at Police Station ACE, Bahawalpur subject to his furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of the learned trial court.

(ii) Senior Member Board of Revenue, Punjab is directed to forthwith take appropriate steps for ensuring that no privately engaged person is permitted to work in the revenue circles or to have access to the revenue record.

(iii) Senior Member Board of Revenue is also directed to make sure that the offices set up by the Patwaris in the private buildings hired by them be immediately shifted to the official buildings. (iv) Director General, Anti-Corruption, Punjab is further directed to initiate appropriate proceedings against Patwaris who in future are found involved in hiring the services of private persons for the performance of their official duties. Likewise, if in future any such case is detected D.G. Anti-Corruption, Punjab shall take action even against Assistant Commissioner, District Coordination Officer or Commissioner concerned as facilitators.