The administrative head of intellectual property rights in the country, Unnat P Pandit, has been stripped of most of his powers by the Union Ministry of Commerce and Industry following an indictment from an in-house committee over alleged irregularities in purchase of computers and other serious charges against him.

Delhi High Court, which is seized of a PIL questioning Pandit’s appointment as the Controller General of Patents, Design and Trade Marks (CGPDTM), was informed on Wednesday that “Ministry has withdrawn his powers”. This was told to the bench of Acting Chief Justice Manmohan by Senior Counsel Sanjay R Hegde who appeared on behalf of All India Patent Officers’ Welfare Association.

Pandit’s counsel told the High Court the petition was not in public interest as the Association had filed other cases against decisions taken by the CGPDTM including show cause notices issued to officers. On June 26, this year, the Ministry of Commerce and Industry in one stroke withdrew 259 show cause notices issued by the CGPDTM to the patent officers.

Justice Manmohan cautioned both the sides to be careful from making submissions since the post of CGPDTM has international ramifications.

Damning report

businessline was the first to report that “Controller General of patents was caught in a computer scam and also that a PIL has been filed questioning his appointment as CGPDTM.

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A week before the hearing in Delhi High Court, the Ministry of Commerce and Industry on August 27, 2024, took away Pandit’s powers over its Information Technology (IT) Wing.

“Subhash Chandra Karol, Director, DPIIT (Department for Promotion of Industry and Internal Trade), is hereby given additional charge of Head of IT Office, O/O CGPDTM, with immediate effect...,” the office order stated.

The Delhi High Court had earlier issued notice on a writ petition alleging that IT team under the CGPDTM had been transferring cases arbitrarily in the name of the optimum service delivery, load balancing, quality control, etc, in violation of the mandate of the patents act. 

Earlier, the Ministry of Commerce and Industry on July 1, 2024, revised the transfer policy for ‘Group A’ officers in which the powers of CGPDTM Pandit was clipped.

The policy, among other things, stated that mid-term transfers could be ordered only with the approval of the DPIIT, a move resultant of a complaint filed by the Patent Officers’ Association alleging arbitrary shifting of officials by him.

Pandit has been working without financial powers since January 1, 2024, following a show cause notice of irregularities in procurement matters and for in-subordination.

The Ministry letter categorically directed the CGPDTM “to refrain from undertaking capital expenditure encompassing the acquisition of IT related equipment, software, cloud services, and procurement via tender processes”.

“Instead, such initiatives will be managed and executed by the Department (DPIIT), facilitating payments directly by the Department,” the letter clarified.

On July 18, businessline in an exclusive report had exposed that Pandit allegedly misused his office and by-passed Commerce and Industry Minister to buy 1,200 computers from a single bidder.

A committee set up by Ministry indicted Pandit for alleged “administrative lapses” in the purchase of 1,200 ‘all-in-one’ personal computers for offices spread across the country at an inflated cost of ₹9,99,75,600, the newspaper had reported.

The Ministry, taking note of the news report, had said that they will initiate action against Pandit, but the CGPDTM continues to be in office till date.

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