- (1.) HEARD Mr. Sanjay Kr. Dwivedi, learned counsel for the petitioner, J.C. to Sr. S.C. I for the Respondent -State, Mr. Abhay Kr. Mishra, learned counsel for the Intervener in I.A. No. 381 of 2009 and Mr. Rajesh Kumar, learned counsel for the Intervener in I.A. No. 1080 of 2009.
(2.) PETITIONER in this writ application has prayed for an order quashing the Notification dated - 28.06.2008, whereby he was transferred to the post of Drug Inspector from the post of Regional Licensing Authority. Further prayer has been made for issuance of an order commanding upon the Respondents to post the petitioner as Regional Licensing Authority and not to confine this in one single post of State Drug Controller -cum -Chief Licensing Authority. It appears that the controversy in respect of the appointment to the post of Drug Inspector and the Licensing Authority was earlier raised before the Patna High Court. After hearing the parties, the Patna High Court vide its order dated 22.06.2005, passed in L.P.A. No. 311 of 2005 (Annexure -4), directed the State Government to post the Drug Inspectors and the Licensing Authorities separately on the basis of their qualification and experience and other criteria as is determined by the State Government. Pursuant to the aforesaid order, the State of Bihar had created and sanctioned posts of the Licensing Authority and requisite number of posts for the Drug Inspectors.
(3.) IT is informed by the learned counsel for the Respondent -State that after the bifurcation of the erstwhile State of Bihar, as many as 11 posts of Drug Inspectors fell vacant in the State of Jharkhand and against such vacant posts, 10 posts have been filled up by appointment on the posts of the Drug Inspectors, which was duly notified and one post of Licensing Authority has been created by converting one post of Drug Inspector and against which one person has now been appointed.;