LAWS(DLH)-2023-5-201

NINA LATH GUPTA Vs. UNION OF INDIA

Decided On May 01, 2023
Nina Lath Gupta Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner seeking the following reliefs:-

(2.) Necessary and relevant factual matrix as brought forth by the Petitioner is that in the year 2005, the National Film Development Corporation (hereinafter referred to as the 'NFDC') issued an advertisement for appointment to the vacant post of Managing Director (hereinafter referred to as the 'MD') of NFDC. The appointment was for a tenure of 5 years with renewal clause. Petitioner applied and upon selection, was appointed to the post of MD for a tenure of 5 years w.e.f. 17/4/2006. Detailed terms and conditions of employment were communicated to the Petitioner later, vide letter dtd. 6/1/2007. Clause 1.15 of the Offer of Appointment provided that the NFDC Conduct, Discipline and Appeal Rules (hereinafter referred to as the 'NFDC Rules'), framed by Public Enterprises Selection Board, in respect of non-workmen category of staff, would mutatis mutandis apply to the Petitioner, with the modification that the Disciplinary Authority in Petitioner's case would be the Hon'ble President of India.

(3.) Upon completion of first 5-year tenure, Petitioner was granted two subsequent extensions for 5 years each, the last one being from 17/4/2016 to 16/4/2021. According to the Petitioner, the extensions were granted to her taking into account her unblemished service record and immense contributions to NFDC as its MD and purely on merit.