The de facto doctrine protects official acts performed by an officer under color of official title, even if the legality of the appointment is later found to be deficient.

(DR. D.Y. CHANDRACHUD, J.)

1. Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal

2. The Petitioner which is a Company engaged in the manufacture, import and sale of house ware products, has challenged the preliminary findings issued by the Designated Authority in the Directorate General of Anti-Dumping. The preliminary findings have been issued under the provisions of Rule 12 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (“the Rules”).

3. On 26 August 2010, the Union Government in the Department of Commerce of the Ministry of Commerce and Industry initiated an investigation into the alleged dumping of Opal Glassware originating in or exported from China and the UAE in exercise of the power conferred by Rule 5 of the Rules. The initial notification of the Designated Authority stated that the investigation was to determine the existence, degree and effect of alleged dumping and to recommend the amount of antidumping duty, which if levied would be adequate to remove the injury caused to domestic industry.

4. Rule 3 of the Rules stipulates that the Central Government may, by notification in the Official Gazette, appoint “a person not below the rank of a Joint Secretary to the Government of India or such other person as that Government may think fit as the Designated Authority for the purposes of these Rules.”

5. On 12 December 2000, a notification was issued by the Union Government in the Ministry of Finance under Rule 3(1) appointing the Additional Secretary to the Government of India in the Department of Commerce of the Ministry of Commerce and Industry as Designated Authority for the purposes of the Rules. Notification No.74/2000-Cus. (N.T.) On 11 February 2011, the Union Government in the Ministry of Finance amended the earlier notification so as to substitute the words “Joint Secretary” for the words “Additional Secretary” in the earlier notification. Notification No.11/2011-Cus. (N.T.) During the operation of the earlier notification Shri P.K. Chaudhery, Additional Secretary was appointed as a Designated Authority. Upon the amendment brought about on 11 February 2011, an order was issued by the Union Ministry of Commerce and Industry on 14 February 2011 by which it was notified that Ms.Vijaylaxmi Joshi, Joint Secretary to the Government of India, in the Ministry of Commerce and Industry, Department of Commerce shall discharge the function of the Designated Authority. The investigation which was initiated by the Designated Authority was accordingly continued with Ms.Vijaylaxmi Joshi as Designated Authority.

6. On 27 May 2011, the Press Information Bureau of the Union Ministry of Personnel, Public Grievances and Pensions notified that the Appointments Committee of the Cabinet had approved the appointment of Ms.Vijaylaxmi Joshi as Additional Secretary in the Department of Commerce with effect from 5 May 2011 by upgrading the post held by the officer to its original level. On 20 July 2011, the Union Ministry of Finance issued a notification in supersession of its earlier notification dated 12 December 2000 “except as respects things done or omitted to be done before such supersession, appointing the person” not below the rank of Joint Secretary to the Government of India, Department of Commerce, Ministry of Commerce and Industry as Designated Authority for the purposes of the Rules. On 28 July 2011, the Union Ministry of Commerce and Industry issued an order, notifying that Ms.Vijaylaxmi Joshi consequent upon her appointment as Additional Secretary with effect from 5 May 2011 “continues to discharge the functions of the Designated Authority” inter alia for the purposes of the Rules.

7. The bone of contention in these proceedings under Article 226 of the Constitution, arises from the preli