Bombay High Court Orders Stay on Suspension of Medical Licenses Pending Appeal Hearing.
10 January 2024
Medical, Pharma & Healthcare >> Miscellaneous
In M/s. Apna Chemist & Another v/s Assistant Commissioner (Zone-3) & Another, the petitioners, who operate medical stores licensed under the Drugs and Cosmetics Act, 1940, had their licenses suspended following inspections by the respondent. They filed appeals to the State Government in accordance with Rule 66(2) of the Drugs and Cosmetics Rules, 1945, to challenge the suspension orders. However, the appellate authority has failed to hear their appeals or issue interim reliefs, leaving the petitioners to suffer the suspension during the appeal process.
The petitioners argue that the delay in adjudicating their appeals renders the statutory remedy ineffective, potentially causing irreparable harm if the suspension continues while the appeals are pending. The respondents, on the other hand, indicate that the hearings for some petitions are scheduled for mid-January 2024, during the suspension period.
The court sided with the petitioners, emphasizing that the remedy provided by law must be effective. It directed the appellate authority to hear the appeals and stay applications promptly, within eight weeks, and granted an interim stay on the suspension of the petitioners' licenses until the appeals are decided.