HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP No.23/2025 IN CCP(S) 93/2024 COURT ON ITS OWN MOTION ... PETITIONER(S) Through: - Mr. Tasaduq Khawaja, Sr. Adv. with Mr. Imam Abdul Muiz, Advocate. Vs. MS. MANDEEP KAUR …RESPONDENT(S) Through: - Mr. Bikramdeep Singh, Dy. AG Mr. Ilyas Laway, GA. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL) 27.10.2025 1) The instant Rule, that has been framed against the respondent/contemnor, owes its origin to order dated 24.09.2025 passed in the contempt petition. In the said order, this Court has observed that the respondent/contemnor has, besides disobeying the judgment and order of the Writ Court, sworn a false affidavit while denying the availability of the posts of Executive Engineers in the Corporation in presence of Government Orders dated 15.02.2024, 16.05.2025 and 20.05.2025, which orders reveal that the posts of Executive Engineers in the Corporation were filled up by bringing officers from outside the Corporation on deputation. Sr. No.12 Regular List P a g e | 2 2) The respondent/contemnor has appeared in person through virtual mode and has also tendered her explanation in writing. 3) In her explanation, the respondent/contemnor has submitted that in compliance to the directions of the Writ court, the contempt petitioner has been promoted to the post of Executive Engineer (Civil) vide Government Order No.142- JK(HUD) of 2025 dated 29.09.2025 against the available vacancy subject to finalization of Recruitment Rules and seniority confirmation. A copy of the Government Order (supra) has also been placed on record. It has further been explained that reference to sanctioned strength of 02 Executive Engineers (Civil) as per SRO 854 dated 26.10.2019, accurately reflects the official cadre strength notified for SMC borne posts, the mention whereof has been made in the previous affidavit. It has also been submitted that the integration of ULBK posts and abolition of ULB Engineering Wing Government Order No.43-JK(HUD) of 2024 did not revise the sanctioned strength of 02 posts but contributed to the effective strength of 04 posts including deputationists and temporary adjustments, which has been clarified by letter dated 16.09.2025 of the Municipal Commissioner. It has been explained that this distinction was not intended to mislead the Court but it reflects the P a g e | 3 legal framework at the time of filing supported by good faith reliance on SRO 854. 4) The respondent/contemnor has further submitted that she sincerely regrets the circumstances which necessitated the issuance of show cause notice against her and has tendered an unconditional apology with a prayer that the Rule be discharged. 5) From the explanation tendered by the respondent/ contemnor, it appears that there has been some confusion in her mind as regards the effective strength of the posts of Executive Engineers. While original sanctioned strength of Executive Engineers(Civil) in Srinagar Municipal Corporation is 02, the integration of Urban Local Bodies, Kashmir, posts with the abolition of Urban Local Bodies Engineering Wing in terms of Government Order No.143- JK(HUD) of 2024 contributed to the effective strength of 04 posts. In these circumstances, while technically the statement of the respondent/contemnor that there are only 02 posts of Executive Engineers borne on the cadre strength of Srinagar Municipal Corporation may be correct, but the fact of the matter remains that effective strength of such posts is 04. The aforesaid nature of facts, it seems, had led the respondent/contemnor to make a statement which was not factually correct. However, after having realized the P a g e | 4 actual position, the respondent/contemnor has taken corrective steps and given effect to the judgment of the Writ Court by issuing orders of promotion in respect of the contempt petitioner. 6) Having regard to the aforesaid facts and circumstances and the regret expressed by the respondent/contemnor coupled with an unconditional apology tendered by her, the explanation submitted by her is accepted and the Rule framed against her is discharged. 7) Disposed of (Sanjay Dhar) Judge Srinagar 27.10.2025 “Bhat Altaf”