Regarding a drug license cancellation appeal rejected cryptically by the appellate authority, the High Court set aside that order and directed the authority to pass a reasoned order applying its mind to the facts and law.
Order dated 12.6.2017 set aside; Appellate authority directed to pass a reasoned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9073 of 2017
=========================================================== 1. M/s New Revival Homeo Pharmacy Proprietor Jitendra Kumar, S/o Late Ram Lakhan Sah, R/o Gupta Colony, Bhikhna Pahari, P.S. Kadamkuan, Distt.- Patna.
.... .... Petitioner/s Versus
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Ram Shankar Das For the State : Mr. Birju Prasad, GP-13, Mr. Ashok Kumar, Mr. Amresh, Ac to GP-13
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 08-08-2017
Heard learned counsel for the petitioner and learned counsel for the State.
In the present writ petition, petitioner is challenging the order of the appellate authority dated 12.6.2017 passed in Appeal Case No.51 of 2016 by which appeal filed by him has been rejected.
Petitioner is a licence holder for distribution of drugs. Inspection was made and certain irregularities were found which led to cancellation of licence. Petitioner approached the appellate authority and appellate authority without discussing the plea of the petitioner by a cryptic order has rejected the appeal of
Patna High Court CWJC No.9073 of 2017 dt.08-08-2017
2
the petitioner. Appeal is right of a person and appellate authority is required to discuss the fact and law in detail as appellate authority is continuation of trial. It must reflect that there is proper application of mind and cryptic order passed by the appellate authority cannot be approved by this Court.
In such view of the matter, the order dated 12.6.2017 passed by the appellate authority is set aside and appellate authority is directed to pass a reasoned order in accordance with law.
With the aforesaid observation this writ petition is allowed.
(Shivaji Pandey, J)
Vinay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 10.8.2017 Transmission NA Date
1 issue framed by the court
Whether the appellate authority's refusal to discuss the petitioner's pleas justifies quashing the order and directing a reasoned order.
M/s New Revival Homeo Pharmacy Proprietor Jitendra Kumar
The State of Bihar through the Principal Secretary, Health Department, Government of Bihar
The State Drug Controller-Drug Control Administration, Bihar
The Assistant Drug Controller-Drug Control Administration, Patna
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
