J&K High Court Stays Cancellation Of EWS Certificate, Questions 'Preconceived Notions' By Deputy Commissioner

The Jammu and Kashmir and Ladakh High Court on Monday stayed the cancellation of an Economically Weaker Section (EWS) certificate after observing that the Deputy Commissioner, Jammu, acted on a preconceived notion against the petitioner, rendering the entire inquiry process questionable.“.. Once, the petitioner has already been held guilty of fraud, concealment of fact and misrepresentation, then the entire exercise of power as revisional authority while passing the order impugned was a mere formality as the decision has already been taken by the concerned Deputy Commissioner”, a bench of Justice Wasim Sadiq Nargal observed. The case originated when the petitioner, Ajay Kumar Sareen, challenged an order dated December 16, 2024, passed by the Deputy Commissioner, Jammu, canceling his EWS certificate. The cancellation was based on allegations that the petitioner concealed material facts regarding a property owned by his father, thus misleading the authorities into issuing the certificate.The complaint, filed by the respondent led to an inquiry conducted by the Tehsildar Nazool, Jammu, at the behest of the Deputy Commissioner. Aggrieved by the Order, the petitioner argued that the inquiry report, critical to the Deputy Commissioner's decision, was prepared without his knowledge and without granting him an opportunity to defend himself.The petitioner contended that the adverse material relied upon was neither shared with the petitioner nor was he given a chance to rebut the findings. This unilateral approach, according to the petitioner, amounted to a denial of natural justice and a clear violation of procedural fairness.The petitioner further argued that the Deputy Commissioner acted under the misconception that the petitioner had committed fraud. This assumption, made without a thorough investigation or proper hearing, influenced the outcome of the case. Moreover, the cancellation order relied on an ex-parte inquiry report, which was not part of any formal proceedings or communicated to the petitioner.The petitioner also cited relevant legal provisions, including sections 17 and 18 of the J&K Reservation Act, 2004, highlighting the distinct scope of appeal and revision. He emphasized that new evidence could not be appreciated during revision proceedings, making the reliance on the inquiry report legally untenable.Adjudicating the matter Justice noted that the Deputy Commissioner proceeded with a preconceived notion, labeling the petitioner guilty of fraud and misrepresentation even before conducting a fair inquiry.“From a bare perusal of the order impugned, prima facie, this Court is satisfied that the Deputy Commissioner, Jammu has moved on the premise that the petitioner is guilty of fraud, misrepresentation and concealment of facts and the said finding has been recorded in the beginning of the order impugned”, the court stated. Furthermore, the reliance on the ex-parte inquiry report, without granting the petitioner access to the material or an opportunity to be heard, was deemed a gross procedural lapse. Taking note of the procedural irregularities, the High Court stayed the impugned order and directed the Deputy Commissioner's office to produce the original records. The Court issued notices to all respondents and scheduled the matter for further hearing on February 14, 2025.Case Title: Ajay Kumar Sareen Vs U.T. of J&K and Ors. Click Here To Read/Download Judgment

J&K High Court Stays Cancellation Of EWS Certificate, Questions 'Preconceived Notions' By Deputy Commissioner

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