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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
SAMEER JAIN, J.
Sunil Kumar Pareek - Petitioner
Versus
The State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 637/2013
Decided On : 14-02-2023
| 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 present in Court. He was not able to refute the contentions raised by learned counsel for the petitioners.
4. Considering that there was violations of principles of natural justice, and that necessary documents were not supplied to the petitioner, this court deems it appropriate to quash and set aside the impugned order dated 16.07.2012 and impugned Appellate Authority Order dated 20.09.2012.
5. The petitioner is granted liberty to file appropriate application, with necessary documents, for renewal of the drug license in the office of Respondent No.3 or in the office of License Authority and Drugs Controller, Jhunjhunu. The Respondent No. 3 / the Licensing Authority and Drug Controller, Jhunjhunu are directed to consider the application of the petitioner within a period of 30 days, following principles of natural justice and in accordance with law.
6. The Respondent No. 3 / the Licensing Authority and Drug Controller, Jhunjhunu are further directed to consider the application of the petitioner sympathetically, considering the fact that the license was awarded to petitioner's father in the year 1970 and the same was valid upto year 2016.
7. In light of above, the writ petition is disposed of. Pending applications, if any, stand disposed of.
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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