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SAMEER JAIN
Sunil Kumar Pareek – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition filed against license denial. (Para 1) |
| 2. allegation of violation of natural justice. (Para 2) |
| 3. court finds significant procedural violations. (Para 3 , 4) |
| 4. petitioner's right to reapply upheld. (Para 5 , 6) |
| 5. writ petition disposed with directions. (Para 7) |
ORDER :
(Sameer Jain, J.)
The present petition is filed being aggrieved of the impugned order 16.07.2012 whereby the application filed by the petitioner for renewal of drugs license has been dismissed by the Licensing Authority. Against the same, the appeal preferred by the petitioner was also dismissed by the Appellate Authority vide impugned order dated 20.09.2012.
2. It is contended by learned counsel for the petitioner that the impugned order dated 16.07.2012 was passed not just in violation of principles of natural justice, but was also against the provisions of law. The relied upon documents were never supplied to the petitioner by the respondent. It is further contended that the authorities have acted beyond their powers and misinterpreted the provisions of Rule 65A of the Drugs and Cosmetic Rules, 1945.
3. On directions of this court dated 06.02.2023, the Drug Controller Officer, Jhunjhunu is
The order suspending a licence is invalid if issued without granting an opportunity for a hearing, violating principles of natural justice.
Cancellation of drug licenses without serving show cause notice violates Rule 159 of Drugs and Cosmetics Rules, 1945 and natural justice principles, vitiating the order; fresh notice and hearing dire....
Administrative decisions regarding license cancellations must be reasoned and adhere to statutory provisions to avoid arbitrariness.
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