ARUN KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated 16/3/2005 passed by the learned single judge dismissing the writ application filed by the petitioner-appellants challenging the order dated 22,5.2004 contained in Annexure-1. By the said Annexure the petitioners-appellants as well as intervenors-private respondents have been transferred and posted as Drug Inspector-cum- Licencing authority.

(2.) The only grievance which has been made on behalf of the appellants is that under the terms of the provision of the Drugs and Cosmetic Act, 1940 read with relevant Rules and Forms, the Drug Inspector and the Licencing Authority are two different posts and in some cases the Drug Inspector has to submit a report to the Licencing Authority for taking action and as such the vesting of two powers in the same person is not permissible under the provision of the Act and the Rules.

(3.) Learned counsel appearing for the State and the intervenors - respondents on the other hand submitted that there is no classification of duty between the Drug Inspector and the Licencing Authority. The power of both the posts can be vested in the same person. It is also stated that there is shortage of Drug Inspectors in the State of Bihar.