The present Appeals arise out of the judgment dated 30.12.2022 in Contempt Case No 776/2022 passed by the High Court of the State of Telangana whereby the Appellants, who are the Chairman & Managing Director and the General Manager (Human Resources) of the Company –NTPC Ltd. On 15.05.2015, the NTPC issued an employment notification bearing number 2 of 2015 for sponsoring the names of the eligible land oustees to fill 25 posts of Junior Mazdoors in NTPC. Pursuant to the direction of the High Court dated 17.12.2021, a fresh recruitment Notification bearing No.1 of 2022 was issued and the recruitment process was initiated and the Employment Notification No.01 of 2017, dated 09.03.2017 was cancelled.
By the impugned judgment dated 30.12.2022 in Contempt Case
No 776 of 2022, the High Court concluded that there were deliberate and wilful laches, omissions and commissions on the part of the Appellants herein in spite of being fully aware of the implication of the judgment dated 17.12.2021 passed in W.A.No.277 of 2020 and batch, and therefore, the High Court allowed the contempt case and directed that the Appellants shall suffer simple imprisonment for a period of two (02) months and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) each, within four (04) weeks from the date of the judgment. That instead of completing the recruitment process as directed by the High Court, the Appellants violated the orders of the Court by issuing a fresh notification (Notification No.1 of 2022 dated 01.02.2022) and cancelled the recruitment process initiated vide Employment Notification No.01 of 2017, dated 09.03.2017.
The respondent Nos.1 and 2 are sentenced to suffer simple imprisonment for a period of two (02) months and to pay a fine of Rs.2,000/- (Rupees Two Thousand Only) each, within four (04) weeks from today.
In this regard, our attention was drawn to the order dated 17.12.2021 passed by the Division Bench of the High Court in Writ Appeal Nos.270, 277 and 268 of 2020, the relevant portion of the said order reads as under: “The NTPC is going ahead with the process of selection for the post of Group “D” employees based upon the policy decision to grant employment to the land oustees and since 2017 the recruitment is held up on account of litigation. There shall be no order as to costs.”
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Learned Solicitor General submitted that having regard to the directions issued by the High Court to conclude the entire process of recruitment within a period of two months from that day and to make the consequential appointment orders, the process of appointment was taken forward, the select list has also been made. He, however, submitted that the reasons for not accepting the unconditional apology tendered by the appellants herein by the High Court may be considered and appropriate orders may be made in the Contempt Petition.
Whether the recruitment was to be concluded in pursuance of the notification of 2017, or by way of issuing a fresh notification, was not specified in the said judgment and therefore, in our view, this aspect of the matter was left to the discretion of the appellants.
Having heard the learned Solicitor General for the appellants and the submissions made by the learned counsel for the respondents in light of what we have extracted above and in the light of the order dated 17.12.2021 passed by the High Court, we find that there has been no “deliberate and willful” disobedience of the orders of the High Court.
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In the facts and circumstances of this case, we find it appropriate to accept the unconditional apology of the appellants herein and consequently set aside the sentence imposed on them.
Case Title: GURUDEEP SINGH Vs. REGONDA SRINIVAS (2023 INSC 617)
Case Number: C.A. No.-000128 / 2023
