FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed challenging Ext. P10 order passed by the State Government in an appeal under Rule 66(2) of the Drugs and Cosmetics Rules, 1945, hereinafter referred to as the "Rules", for short. Admitted situation, going by paragraph 21 of the counter-affidavit filed by the State, is that the writ petitioner was not heard by the Appellate Authority in relation to his appeal, though the counter-affidavit says that the contentions in the appeal memorandum were considered. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

(2.) The learned counsel for the petitioner, making reference to the contents of the impugned order and the appeal that was preferred to the State Government, pointed out that the questions raised for consideration could not have been decided without affording an opportunity of personal hearing and that the petitioner had requested for an opportunity of personal hearing. It is also pointed out that the statutory provision does not exclude the personal hearing.

(3.) The learned Senior Government Pleader however argued that the nature of consideration of the appeal by the State Government demonstrates expression of appropriate consideration of the grounds in appeal raised.