Introduction:

The Jammu and Kashmir and Ladakh High Court recently addressed significant procedural lapses in the case of Ajay Kumar Sareen v. U.T. of J&K and Ors., involving the cancellation of an Economically Weaker Section (EWS) certificate. The matter arose when the Deputy Commissioner, Jammu, passed an order on December 16, 2024, canceling the EWS certificate of the petitioner, Ajay Kumar Sareen, on allegations of concealment of material facts and misrepresentation regarding a property owned by his father. This prompted Sareen to challenge the order, arguing that the entire inquiry process violated principles of natural justice and was influenced by a preconceived notion of guilt. The High Court, presided over by Justice Wasim Sadiq Nargal, stayed the cancellation order, observing serious procedural irregularities and highlighting the importance of a fair and impartial inquiry.

Arguments by the Petitioner and Respondent:

The petitioner, Ajay Kumar Sareen, contended that the cancellation of his EWS certificate was based on an ex-parte inquiry report prepared without his knowledge or participation. He argued that the adverse findings relied upon by the Deputy Commissioner were neither shared with him nor was he given an opportunity to rebut them. Sareen emphasized that this unilateral approach amounted to a denial of natural justice and procedural fairness. He further argued that the Deputy Commissioner had acted under a misconception of fraud and misrepresentation without conducting a thorough investigation or granting him a fair hearing. Citing sections 17 and 18 of the J&K Reservation Act, 2004, the petitioner highlighted the distinction between appellate and revisional powers, arguing that the reliance on new evidence during revision proceedings rendered the cancellation order legally unsustainable. The petitioner also pointed out that the Deputy Commissioner’s order contained a predetermined finding of guilt, which undermined the impartiality of the proceedings. On the other hand, the respondent argued that the cancellation of the certificate was justified as the petitioner had concealed material facts about his family’s ownership of property, thereby misleading the authorities into issuing the EWS certificate. They contended that the inquiry conducted by the Tehsildar Nazool, Jammu, substantiated the allegations and that the cancellation was a necessary step to prevent misuse of the EWS reservation scheme.

Court’s Judgment and Observations:

Justice Wasim Sadiq Nargal, while adjudicating the matter, observed that the Deputy Commissioner, Jammu, had acted on a preconceived notion of the petitioner’s guilt, rendering the entire inquiry process questionable. The court noted that the impugned order began with a finding that the petitioner was guilty of fraud, misrepresentation, and concealment of facts, even before conducting a fair inquiry. This, according to the court, demonstrated a lack of impartiality and procedural fairness. The High Court further observed that the reliance on an ex-parte inquiry report, without granting the petitioner access to the material or an opportunity to be heard, constituted a gross procedural lapse. Justice Nargal emphasized that the principles of natural justice require that no adverse order be passed against an individual without affording them a reasonable opportunity to present their case and rebut the evidence relied upon. The court also noted that the Deputy Commissioner’s reliance on the inquiry report during revision proceedings was legally untenable, as new evidence cannot be appreciated in such proceedings under the J&K Reservation Act, 2004. Taking into account the procedural irregularities and the denial of natural justice, the High Court stayed the cancellation order and directed the Deputy Commissioner’s office to produce the original records for examination. Notices were issued to all respondents, and the matter was scheduled for further hearing on February 14, 2025. The judgment underscores the importance of adhering to procedural fairness and impartiality, especially in matters involving the cancellation of essential documents like EWS certificates.