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Informist, Thursday, Dec. 19, 2024

 

--HC junks PIL against Unnat Pandit appointment as controller general patents

 

NEW DELHI – The Delhi High Court has dismissed a public interest litigation challenging the appointment of Unnat P. Pandit as Controller General of Patents, Designs and Trade Marks. Refusing to entertain the petition, the bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gadela said there were no recruitment rules for the post. 

 

All India Patent Officers' Welfare Association, the petitioner, had said Pandit's appointment was "illegal" and "arbitrary". His appointment was in "gross disregard" to requisite eligibility criteria as per the mandate of the Department of Personnel and Training's office memorandum in 2007. 

 

The petitioner had also sought court issuing direction to the government to frame recruitment rules for the post of Controller General of Patents as per the mandate of the Department of Personnel and Training's office memorandum in 2010, to ensure transparency and accountability in appointment to the post. 

 

The association had said Pandit was not eligible on account of lack of requisite experience and for not possessing annual confidential reports and annual performance assessment reports for 5 years required for being appointed on deputation. Further, the appointment is also liable to be set aside as the process was arbitrary with the composition of the search committee being changed abruptly after the first meeting. The new search committee proceeded without an open advertisement in breach of the 2007 office memorandum. The appointment was directly made for five years in violation of the 2010 office memorandum which restricts initial appointment to three years with provision for extension of two more years. 

 

In 2022, the Appointments Committee of the Cabinet approved the appointment of Pandit to the post of controller general on deputation for five years. Earlier this year, a committee set up by the Commerce and Industry Ministry had indicted Pandit for alleged "administrative lapses" in the purchase of 1,200 personal computers at an inflated cost of INR 99.98 million. Despite the indictment, Pandit continues to be the controller general. According to media reports, the commerce ministry has withdrawn crucial financial and administrative powers of Pandit over the last couple of months. 

 

The Controller General of Patents, Designs and Trade Marks is responsible for supervising the working of the Patents Act, 1970, the Designs Act, 2000, and the Trade Marks Act, 1999. The controller general also advises the government on matters related to these acts.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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