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IN THE HIGH COURT OF JAMMU & KASHMIRANDLADAKHAT SRINAGAR
WASIM SADIQ NARGAL
John Mohammad Mir, S/o. Ghulam Mohammad Mir – Appellant
Versus
Union Territory of Jammu &Kashmir, through Commissioner/Secretary to Government, Health and Medical Education Department – Respondent
| Table of Content |
|---|
| 1. cancellation without show cause notice violates natural justice. (Para 1 , 2 , 3 , 4) |
| 2. proxy license operation illegal without permission. (Para 5 , 6 , 7) |
| 3. no proof of show cause service conceded. (Para 8 , 9 , 10 , 11) |
| 4. rule 159 mandates pre-cancellation hearing opportunity. (Para 12) |
| 5. natural justice requires audi alteram partem. (Para 13 , 14 , 15) |
| 6. statutory procedures must be strictly followed. (Para 16 , 17 , 18) |
| 7. fresh show cause notice and hearing directed. (Para 19 , 20 , 21) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
1. By way of the present petition, the petitioner has challenged Order No. ADC/DFCO/PUL-SPN/863-867 dated 10.12.2020, issued by respondent No. 4, whereby the Retail Drug Sale Licenses of the petitioner, granted in Form 20 and 21 vide Nos. AR/2480 and AR/2481, in favour of the firm “M/S John Medical Hall, Kadalbal, Pampore”, have been cancelled.
2. The grievance of the petitioner is that the impugned order has been passed in violation of the principles of natural justice, inasmuch as no show cause notice was served upon him prior to the cancellation of his licenses. It is stated that the cancellation of the license has been effected on the ground
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....
The cancellation of a drug licence is invalid if the sampling procedure is not followed as mandated by law, and if the show cause notice lacks clarity regarding allegations.
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