New Delhi: Barely a week before the Office of Controller General of Patents, Designs & Trade Marks (CGPDTM) issued transfer orders to 21 patent officers, the Association of Patent Officers—a registered body representing patent officers across India—moved an application in the Supreme Court, accusing the CGPDTM of threatening to transfer them from the locations where they are serving.
The officers claimed they got the “threats” after the Supreme Court on 21 April issued notice to the government in response to an appeal filed by the association challenging the CGPDTM’s appointment. The appeal was against the Delhi High Court order that refused to intervene with it. As per the association, the appointment of Unnat Pandit as CGPDTM is arbitrary.
According to its appeal Pandit was ineligible to be appointed to the post on deputation for 5 years and the selection was done without issuing an open advertisement, which is mandated under the law. A bench led by justice M.M. Sundresh had issued notice to the Centre on the appeal.
On 9 May, the association of patent officers moved an application in the top court, drawing its attention to repeated warnings some of them received for supporting the appeal in SC. These officers had given financial support to the association for filing the appeal.
Though the application is yet to be taken up for a hearing, the office of CGPDTM issued transfer orders to 21 officers on 15 May. These orders were issued despite the objections of The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce. CGPDTM is the subordinate office of DPIIT.
According to DPIIT, the orders paving the way to relocate the officers were not in line with the existing transfer policy that came into effect on 7 July last year.
As per the association’s application, some of its officers were called to the CGPDTM office and asked to distance themselves from the case, failing which they would be relocated from their present postings. The office had refused to pay heed to their grievance on account of their involvement in the case as well.
“That the intimidating environment created by Respondent No. (office of the CGPDTM) has resulted in officers resigning from the membership of the Association without citing any reason. It is submitted that over 100 officers have so far resigned from the Association within a short span of time after the issuance of notice by this Hon’ble Court,” the application has claimed.
Over 200 members, who are Group A officers in the Patent offices at Delhi, Kolkata, Mumbai and Chennai, had voluntarily deposited money in the Association’s official bank account, after filing of the Special Leave Petition. This was done to meet the shortfall for pursuing the case against Pandit’s appointment.
“That Patent officers have requested the Association to do the needful to ensure that they are not victimised for being the members of the Association by Respondent No. 3 who is the administrative head of the Patent and Trademarks offices in the country,” the application submitted.
The Association also spoke about the potential risk it faces of losing its recognition. At present it has 65 percent of patents officers within its fold. However, due to 400 new officers joining the cadre, who cannot be part of the association on account of being probationers, and many of its existing members resigning, the strength of the association is likely to see a sharp decline.
If its membership falls below 35 percent, the Association faces the chances of derecognition. This, association members feel, would adversely affect their position to question a malafide decision by any authority, which the group has been doing in public interest.
(Edited by Zinnia Ray Chaudhuri)
Also read: Gavai-led Supreme Court Collegium decides on transfer of 22 HC judges, elevation of 3