Anti-dumping designated authority review: fresh appointment ordered where continued participation of the existing officer was inappropriate.

Under the Anti-Dumping Rules, the High Court considered whether the existing designated authority should continue with the exercise ordered on remand despite a credible apprehension against that officer. It held that, in the circumstances, continuation by the same authority was inappropriate and that other officers of the requisite rank were available to perform the task. The Union of India was therefore directed to appoint another competent officer as the designated authority and complete the remand exercise expeditiously within two weeks.

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Issues: Whether the Union of India was required to appoint another designated authority to undertake the exercise pursuant to the earlier remand order in the light of the apprehension against the existing authority.

Analysis: The proceeding arose under the Anti-Dumping Rules, and subsequent events showed that the apprehension regarding the existing authority was not unfounded. In these circumstances, the Court found it inappropriate for that authority to continue with the exercise pursuant to the earlier remand order and noted that other officers of the requisite rank were available to perform the task. The Court therefore directed the Union of India to select one of those officers and appoint him or her as the designated authority to complete the exercise expeditiously.

Conclusion: The Union of India was directed to appoint another competent officer as the designated authority and complete the exercise within two weeks.

Final Conclusion: The writ petition was disposed of by granting the petitioner relief against continuation of the existing designated authority and by requiring fresh appointment for compliance with the remand directions.

Ratio Decidendi: Where continuation of the existing designated authority would be improper in the circumstances, the Court may direct the competent government authority to appoint another eligible officer to carry out the statutory exercise.

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