Excelsior Correspondent
JAMMU, Dec 31: High Court of Jammu & Kashmir and Ladakh has stayed the order of the Deputy Commissioner Jammu whereby EWS certificate was cancelled.
Through the medium of the instant petition, the petitioner—Ajay Kumar Sareen challenged the order dated 16.12.2024 passed by Deputy Commissioner, Jammu in case titled ‘Ashima Gupta Versus UT of J&K” whereby respondent cancelled the EWS certificate issued by Tehsildar Jammu Khas in favour of the petitioner.
It was urged by senior counsel for the petitioner that respondent has relied upon some complaint and the inquiry conducted by Tehsildar Nazool, Jammu at the back of the petitioner and that too without affording an opportunity of being heard in the complaint/inquiry, which inquiry report has been relied by the Deputy Commissioner while deciding the impugned revision/appeal preferred without providing the copy of the same to the petitioner or soliciting any objection from the petitioner.
The further case of the petitioner was that during the pendency of the revision before the Deputy Commissioner, Jammu neither any inquiry got conducted nor any evidence was sought or any inquiry report or record was called for and on the other hand Deputy Commissioner passed the order impugned on the basis of the inquiry report dated 11.09.2024, which was forwarded by Additional Deputy Commissioner, Jammu on 12.09.2024 and has been taken into consideration while passing the order impugned and that too without providing any opportunity of being heard to the petitioner or supplying the adverse material to the petitioner.
However, the counsel for the respondents submitted that respondent has exercised the powers in the instant case as envisaged under Section 18 of J&K Reservation Act, 2004 by way of a revision and not by way of an appeal under Section 17.
After hearing counsel for the petitioner and caveator at length and perusal of record, Justice Wasim Sadiq Nargal observed, “prima facie, a case for indulgence is made out. 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 finding has been recorded in the beginning of the order impugned”.
“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. The entire exercise by way of revision in passing the order impugned prima facie smacks foul play and with preconceived notion on part of the Revisional Authority”, High Court said.
“Since an important question of law has been raised by senior counsel for the petitioner, this court deems it proper to issue short notice to the respondents”, Justice Nargal said, adding “in the meantime, subject to objections from other side and till next date of hearing before the Bench, the impugned order dated 16.12.2024 passed by Deputy Commissioner, Jammu in case titled “Ashima Gupta Versus UT of J&K” shall remain stayed”.
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