- (1.) In this Rule the petitioner has impeached a notice dated July 14, 1973 (Annexure A), intimating thereby that the name of Lokenath Pharmacy, bearing Code No. PAR Chem, an approved Chemist Shop under the E.S.I. (M.B.) Scheme, West Bengal, should not be removed from the approved Chemist Shops under the said Scheme with effect from September 1, 1973.
(2.) Undisputedly the petitioner is a proprietress of ?Lokenath Pharmacy? Chemists and Druggist, and had been carrying on the business of medicine shop and was subsequently appointed and approved as a Chemist shop by the respondents in the year 1964 under the Employees' State Insurance (Medical Benefit) Scheme, West Bengal (hereinafter referred to as the said Scheme). Such appointment was admittedly made on the basis of terms and conditions of service of approved Chemist Shops under the said Scheme. The clauses of the agreement aforesaid herein relevant for the present purpose are the following : Clause-19 : If the services of an approved Chemist Shop under the Scheme are considered to be not satisfactory in the opinion of the prescribed authority he may ask the said approved Chemist Shop to stop functioning forthwith pending thorough investigation into the matter. The approved Chemist Shop shall not be entitled to claim any compensation, loss or damage for the period of such suspension of business under the Scheme and shall not dispute the order of the prescribed authority in any Court of law. Clause-20 : The owner(s) of an approved Chemist Shop is/are entitled at any time, to give notice to the prescribed authority that he/she/they desire/desires the name of his/her/their shop to be withdrawn from the list of approved Chemist Shops under the Scheme and the name of the said Shop shall be removed from the said list within 30 (thirty) days from the date of such notice. Similarly, the prescribed authority is entitled at any time to give notice to an approved Chemist Shop intimating that the name of the said shop shall be removed from the list of approved Chemist Shop under the Scheme after expiry of 30 (thirty) days from the date of such notice. Clause-21 : If the prescribed authority is satisfied that the continued inclusion of a Chemist Shop in the list of approved Chemist Shops under the Scheme would be prejudicial to the efficiency of the services, he may remove the name of such shop from the list after giving a notice of 1 (one) month to the approved Chemist concerned provided that under special circumstances the service of notice may be dispensed with and the name of the approved Chemist Shop removed forthwith by the prescribed authority form the approved list if he is satisfied that such a course of action is necessary for maintaining efficiency of services. Clause-23 : the decision of the prescribed authority in all matters relating to these terms and conditions of services shall not be disputed in any Court of Law.
(3.) It has been alleged that the petitioner as owner of the aid Chemist Shop duly possessed the necessary license under the Drugs Act, 1940 and other required licenses for the said shop and after enquiry and investigation, the appointment as mentioned hereinbefore was made and Code No. PAR-IV-57-Chem was allotted to the said Shop. It has also been stated that in terms of such appointment at all material times, the petitioner duly supplied the necessary medicines without any complaint form anyone including the respondents. It further appears from the petition that during the tenure of service under the said terms and conditions of services, the petitioner was also authorized to supply medicines on the prescription of the insurance medical practitioners who are approved panel Doctors of the respondents and prescribed for insured persons and their family members. It also appears that the petitioner was supplied with list of Doctors in the panel as appointed by the respondents.;