Item No.5 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Robkar/CCP No.04/2026 in CCP No.26/2025 c/w CCP(S) No.84/2022 CM No.4436/2025 CMNo.5636/2023 COURT ON ITS OWN MOTION ... PETITIONER(S) Through: - Mr. Irshad Ahmad, Advocate. Vs. SHABIR AHMAD WANI & ORS. …RESPONDENT(S) Through: - Mr. Hakim Aman Ali, Dy. AG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL) 18.04.2026 Robkar/CCP No.04/2026 in CCP No.26/2025 1) Vide order dated 04.03.2024 passed in the main contempt petition, Robkar was directed to be framed against respondent Mr. Shabir Ahmad, Under Secretary to Government Forests, Ecology and Environment Department. 2) It appears that the respondent had filed compliance report in the main contempt petition on behalf of the Secretary to the Government, Forest, Ecology and Environment Department. The Court observed the respondent is not a party in the contempt proceedings, as such, the compliance report filed by him is in breach of the orders passed by the Court essentially obstructing the course of justice. It is in these circumstances the Court directed framing of Robkar against the respondent. 3) Reply to the show cause notice issued to the respondent has been filed by him, wherein he has submitted that he had filed the compliance report after obtaining approval from the competent authority. He has further submitted that since the Government is presently functioning from Jammu and all the high-level officers sit in Civil Secretariat Jammu, as such, he had to routinely sign the compliance report on behalf of the Department in his official capacity. It has been submitted that because the contempt petition was listed for hearing on 04.03.2026, as such, under a bona fide belief and in usual course of administrative practice, he signed the compliance report on behalf of the contemnors unaware of the practice that such compliance report was required to be filed by the contemnors only. The respondent has further submitted that it was purely an inadvertent and un-intentional act done by him in good faith in discharge of his official duties without any intention to disobey, violate or obstruct the orders of the Court. The respondent has submitted that he has realized his inadvertent mistake and has expressed his regrets. 4) In view of the circumstance explained by the respondent and having regard to the fact that in his response he has tendered unconditional apology, further proceedings against him are dropped. The rule is discharged. CCP(S) No.84/2022 Fresh statement of facts has been filed by respondent Commissioner/Secretary to the Government, Forest Department, in which it has been submitted that the Department has taken a conscious decision to implement judgment of the Writ Court and the matter was, accordingly, processed for implementation of the judgment. However, it came to the fore that some of the petitioners required relaxation in age and qualification, therefore, vide communication dated 12.12.2025, PCCF/HoFF was requested to furnish the updated information with respect to relaxation involved in age and qualification bar/fulfilment of all other conditions put forth by the Finance Department so that appropriate action in the matter is taken. It has been further submitted that the requisite information was obtained and it came to the fore that some of the petitioners have expired or attained the age of superannuation. In this backdrop, the matter was again taken up with the Finance Department vide memo dated 26.02.2026 and the same is under the examination of the Finance Department. In view of the fact that the matter is presently pending with the Finance Department, it is, therefore, directed that the Commissioner/Secretary to the Government, Finance Department shall furnish the updated status of the matter by next date of hearing, failing which coercive measures shall follow. List again on 25.05.2026. A copy of this order be sent to the Commissioner/ Secretary to the Government, Finance Department, for information and compliance through the counsel appearing for the respondents. (Sanjay Dhar) Judge Srinagar, 18.04.2026 “Bhat Altaf-Secy” Whether the order is reportable: Yes/No