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2011 (10) TMI 379 - HC - CustomsAnti dumping duty - Rule 12 of the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Opal Glassware - de facto doctrine - Ms.Joshi came to be notified as Designated Authority on 14 February 2011 by the Ministry of Commerce and Industry. - During the pendency of the investigation, Ms.Joshi came to be promoted as Additional Secretary to the Government of India in the Department of Commerce with effect from 5 May 2011 by upgrading the post which she had held to its original level - The de facto doctrine was evolved in order to balance the absence of power on the one hand with the consequence emanating from an annulment of the act or the decision of the officer consequent upon a finding of an invalidity in his appointment - the validity of the constitution of a judicial body or for that matter of an appointment of a Judge cannot be questioned in independent proceedings between two private parties with which the Judge is really not concerned - Held that: the de facto doctrine would protect the preliminary findings rendered by Ms.Joshi on 27 June 2011 both having regard to the underlying object and nature of the provision which is contained in Rule 3 and the rationale for the doctrine - Petition is dismissed
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