Judge moots initiating contempt against NLC over gag order
The court also told the NCLCIL to furnish the address, mobile phone number, and e-mail ID of the deputy general manager to the registry.
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CHENNAI: Taking a serious note of a circular issued by the Human Resource department of Neyveli Lignite Corporation India Limited (NLCIL), which warned employees against representing themselves before the court in a case about a 2020 accident that killed 15 people, a judge of the Madras High Court directed the registry to place the matter before the Chief Justice for initiation of suo motu contempt proceedings against the deputy GM who issued the circular.
The court also told the NCLCIL to furnish the address, mobile phone number, and e-mail ID of the deputy general manager to the registry. Issuing the direction while hearing a batch of anticipatory bail petitions by officials who were booked, the judge also directed the police not to arrest the petitioners and also sought a status report.
When the case came up for hearing before Justice RMT Teekaa Raman, senior counsel N Nithianandam, who appeared for the corporation, contended that the boiler explosion at the Thermal Power Station-II that killed 15 employees and injured 8 was an industrial accident. Hence, he said, the police should have invoked only Section 304 (a) of the IPC and not Section 304 (ii).
However, appearing as an intervenor, advocate K Balu argued the mishap was due to the officials’ willful negligence, including failing to ensure proper maintenance. He then submitted a copy of the circular issued by the deputy general manager (HR) dated August 17, warning the employees from representing themselves before the court regarding the accident.
He was not able to file an affidavit from the legal representatives of the deceased employees during the previous hearing because they faced the threat of losing jobs if they disclosed any information, he alleged.
Take note of the circular, Justice Raman said that by issuing it, the NLCIL interfered with the administration of justice as defined under Section 2 (c) (ii) and (iii) of the Contempt of Courts Act, 1971. He then directed the registry to place the order before the Chief Justice for initiation of suo motu contempt against the HR department, and adjourned the case to September 25.
