Contempt of Court – Lands were acquired by NTPC and compensation was awarded – Land oustees were proposed to be recruited by the NTPC as Junior Mazdoor – Pursuant thereto, Notification No.1 of 2017 issued – High Court directed NTPC to conclude the entire process of recruitment within two months from the date of the judgment i.e. 17.12.2021 – However, a fresh Notification No.1 of 2022 was issued and Notification No.1 of 2017 was cancelled – Contempt case filed – High Court held that the appellants-chairman & managing director and General Manager of NTPC violated the orders of the Court by issuing a fresh notification (Notification No.1 of 2022) – High Court allowed the contempt case and directed appellants to suffer simple imprisonment and fine – On appeal, held: On perusal of the judgment of High Court dated 17.12.2021, it does not emerge that it barred the appellants from issuing a fresh notification so as to complete the process of recruitment – Judgment specified timeline i.e. two months for completion of recruitment, while manner in which the recruitment was to be completed was the prerogative of the appellants – There was no deliberate and willful disobedience of the orders of the High Court – Appellants had also tendered unconditional apology on the premise of the alleged violation of the order – Therefore, the punishment imposed by the High Court not correct – Unconditional apology of the appellants accepted – Consequently, sentence imposed on them set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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