SUNIL KUMAR AND ORS. Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2018-7-270
HIGH COURT OF JHARKHAND
Decided on July 11,2018

Sunil Kumar And Ors. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

RAJESH SHANKAR, J. - (1.) The present writ petition has been filed for quashing the order dated 22nd March, 2018 (Annexure-13 to the writ petition) passed by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand (respondent no.1), whereby the review petition filed on behalf of Madhuri Devi (respondent no.5) has been allowed and the earlier order dated 24th May, 2017 (Annexure-11 to the writ petition) passed by the Additional Chief Secretary, Department of Health, Medical Education and Family Welfare Department, Ranchi (respondent no.2) has been set aside; and also for consequential reliefs.
(2.) Heard learned counsel for the parties.
(3.) Learned counsel for the petitioners submits that the drug licence granted to the petitioners was cancelled by the Deputy Director (Drug)-cum-Regional Licensing Authority, North Chhotanagpur Region, Hazaribagh-II (respondent no.4) vide order dated 25th March, 2017 exercising powers under Rule 66(1) of Drugs and Cosmetics Rules, 1945 (hereinafter to be referred as the Rules, 1945) for alleged violation of Rule 65A of the Rules 1945. Aggrieved by the said order, the petitioners preferred appeal before the appellate authority i.e. respondent no.2. The appellate authority vide order dated 24th May, 2017 on setting aside the order dated 25th March, 2017, remanded the matter back to the original authority for considering the matter afresh in accordance with law. Thereafter, a review petition filed by the respondent no.5 before the appellate authority (on this occasion before the respondent no.1), was entertained, and vide order dated 22nd March, 2018, the earlier order passed by the appellate authority dated 24th May, 2017 was set aside upholding the order passed by the original authority (respondent no.4) dated 25th March, 2017.;


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