Jammu & Kashmir High Court - Srinagar Bench
Court On Its Own Motion vs Ms. Mandeep Kaur on 27 October, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No.12
Regular List
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.
Page |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
Page |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
Page |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"
