'High Court Could Have Considered Unconditional Apology': Supreme Court Grants Relief To NTPC Officers Sentenced By Telangana HC For Contempt
The Supreme Court recently granted relief to the Chairman & Managing Director and the General Manager (Human Resources) of the National Thermal Power Corporation Ltd, who were sentenced to 2 months simple imprisonment by the Telangana High Court for contempt of Court.Setting aside the High Court judgment in an appeal filed by the NTPC officers, a bench comprising of Justices BV Nagarathna...
The Supreme Court recently granted relief to the Chairman & Managing Director and the General Manager (Human Resources) of the National Thermal Power Corporation Ltd, who were sentenced to 2 months simple imprisonment by the Telangana High Court for contempt of Court.
Setting aside the High Court judgment in an appeal filed by the NTPC officers, a bench comprising of Justices BV Nagarathna and Prashant Kumar Mishra held that in a case of contempt, the High Court could have considered the unconditional apology tendered by NTPC and concluded the matter.
“Even if the High Court came to a conclusion that there was a deliberate and willful disobedience of the order of the court, it could have considered the said unconditional apology tendered by appellants and concluded the matter", the Supreme Court observed.
BACKGROUND OF THE CASE
The respondents were land owners in Karimnagar district. These lands were acquired by NTPC before 1980 and award was passed. They were proposed to be recruited by NTPC as Junior Mazdoors. In 2015, NTPC issued an employment notification sponsoring names of land oustees to fill 25 posts of junior mazdoors.
In 2016, a petition was filed by one of the land oustee challenging the notification. It was set aside by the High court since the mode of recruitment was only through interview.
NTPC came up with another notification in 2017 which was also challenged before Division bench of Telangana High court. In 2021, the court directed NTPC to complete entire recruitment process within 2 months.
Pursuant to this, a fresh notification was issued in 2022. Meanwhile, the respondents filed a contempt petition for flouting the orders of HC in 2021. In the impugned judgment of 2022, the High court concluded that there were deliberate and wilful laches on part of NTPC. NTPC had tendered unconditional apology but to no avail. The High court allowed the contempt case and directed appellants simple imprisonment of 2 months and fine of 2000 rupees.
NTPC preferred an appeal against this before the Supreme court.
SUPREME COURT’S ANALYSIS
Timeline stipulated by court but the process of recruiment is the prerogative of appellant
The court observed that the judgment by the High court in 2021 did not debar NTPC from issuing a fresh notification. It only directed them to finish the recruitment process within 2 months. Therefore, it would not constitute a contempt of court.
The court held “In the absence of a specific direction to the effect that the recruitment be concluded in pursuance of the notification of 2017 alone, we are unable to hold that issuance of a fresh recruitment notification would constitute contempt of court”
The court noted that only provisional appointment orders could be ordered in view of the contempt petition
High Court should have considered Unconditional apology in contempt case
The court also observed that an unconditional apology was tendered by the appellants in the present case which should have been considered by the High court.
It opined “ Even if the High Court came to a conclusion that there was a deliberate and willful disobedience of the order of the court, it could have considered the said unconditional apology tendered by appellants and concluded the matter.”
Case title: Gurudeep Singh v Regonda Srinivas
Citation- 2023 LiveLaw (SC) 530
Appearances : SGI Tushar Mehta. AOR Adarsh Tripathi, Adv. Ajitesh Garg and Adv. Vikra, S. Baid.