GURUDEEP SINGH versus REGONDA SRINIVAS & ORS.

Citation: [2023] 10 S.C.R. 457 · Decided: 04-07-2023 · Supreme Court of India · Bench: B.V. NAGARATHNA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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GURUDEEP SINGH
v.
REGONDA SRINIVAS & ORS.
(Civil Appeal No. 128/2023)
JULY 04, 2023
[B.V. NAGARATHNA AND
PRASHANT KUMAR MISHRA, JJ.]
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.
CIVIL APPELLATE JURISDICTION :  Civil Appeal No.128 of
2023.
From the Judgment and Order dated 30.12.2022 of the High Court
for the State of Telangana at Hyderabad in the Contempt Case No.776
of 2022.
[2023] 10 S.C.R. 457 : 2023 INSC 617
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SUPREME COURT REPORTS
[2023] 10 S.C.R.
With
Civil Appeal No.92 of 2023.
Tushar Mehta, SG, Gopal Jain, Sr. Adv., Adarsh Tripathi, Vikram
Singh Baid, Ajitesh Garg, Advs. for the Appellant.
Arun K. Sinha, Sumit Sinha, Ms. Anjali Rajput, Advs. for the
Respondents.
The Judgment of the Court was delivered by
NAGARATHNA J.
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. have been sentenced to undergo simple imprisonment for
a period of two months and a fine of Rs. 2,000, by allowing the Contempt
Case filed by the respondents herein.
2. The present appeals have been filed primarily on the ground
that there has been no wilful and deliberate disobedience or non-
compliance by the Appellants of the common judgment dated 17.12.2021
passed by the Division Bench of the High Court in WA No. 277/2020.
3. The present case pertains to the claim of Respondents and
other similarly placed land oustees as Junior Mazdoors on the basis of a
tripartite agreement in the year 1988 between NTPC Ltd. with the land
oustees.
4. Briefly stated, the facts leading upto these appeals are that the
Respondents herein and similarly situated persons were the absolute
owners and possessors of the lands of various extents situated at different
villages in Ramagundam Mandal, Karimnagar District. The said lands
were acquired by NTPC prior to 1980 and an award was passed,
awarding compensation for the acquisition of the said lands. The land
oustees were proposed to be recruited by the NTPC as Junior Mazdoor.
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.
5. W.P. No. 26043/2016 was filed by an aggrieved land oustee
assailing the aforesaid notification issued by NTPC in the year 2015 and
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the recruitment process undertaken by NTPC Ltd. pursuant to the said
notification and the same was set aside by the Ld. Single Judge of the
High Court as the mode of recruitment provided for was only through
interview.
6. Another round of litigation ensued as NTPC issued a notification
(No. 01 of 2017) dated 09.03.2017 to recruit junior mazdoors, which
was also challenged before the High Court. The Division Bench of the
High Court for the State of Telangana, in W.A.No.277 of 2020 directed
NTPC to conclude the entire process of recrui

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