IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20704 of 2021

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Uma Shankar Sharma, Son of Late Bachchu Prasad Singh, Resident of
Village - Salempur, P.O. - Sikandarpur, P.S.- Sakurabad, District - Jehanabad,
Bihar - 804425.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health,

Government of Bihar, Patna.
2. The Additional Secretary, Health Department, Government of Bihar, Patna.
3. The Director in Chief, (Health Department) (Pharmacy), Health Department,
Government of Bihar, Patna.
4. The Drug Controller of Bihar, Health Department, Government of Bihar,
Patna.
5. The Chairman Bihar State Pharmacy Council, B.M. Das Road, P.S. -
Pirbahore, District- Patna.
6. The Superintendent of Police, Vigilance Bureau, 6, Circular Road, Patna.
7. Bindeshwar Nayak Son of Late Sukhdeb Nayak resident of Flat no. 403
Shankar Apartment East Boring Canal Road, P.O. Boring Canal Road, P.S.-
S.K Puri, District - Patna.
8. The Secretary Pharmacy Council of India, NBCC Centre 3rd Floor Plot No.-
02, Community Centre Maa Anandamai Marg, Okhla Phase - I, Landmark
(Near Hotel Crowne Plaza), New Delhi - 110020.

... ... Respondent/s

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Appearance :
For the Petitioner/s : Ms. Shilpi Keshri, Advocate
For the Respondent/s : Mr. Ajay Bihari Sinha, G.A. 8
For the Respondent No.5: Mr. Shailendra Kumar Singh, Advocate
For the Respondent No.7: Mr. Anjani Kumar, Sr. Advocate.
For the Union of India : Dr. K.N.Singh, A.S.G.
Ms. Prakirtita Sharma, Advocate
Mr. Amarjeet, Advocate
Mr. Sriram Krishna, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

8 09-05-2022 Shri Ajay Behari Sinha, learned G.A. 8 appearing on

behalf of the State makes out a strong grievance of non-

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compliance of our order dated 27th of April, 2022.

Our direction to respondent No. 5, namely, the

Chairman of Bihar State Pharmacy Council (hereinafter referred

to as the ‘Council’) of responding to the Government’s

communications dated 25th of March, 2022, has not been

complied with.

Ms. Shilpi Keshrai, learned counsel for the

petitioner invites our attention to the contents of the 3 rd

supplementary affidavit filed on behalf of petitioner, more

specifically, the annexures contained therein, from which it is

evident that Shri Nabin Kumar, officiating Chairman of the

said Council, has been conducting the affairs, as though the

Council and its property is his personal fiefdom.

It took at least five months for the said President

to relieve Shri Bindeshwar Nayak, respondent no.7, who was

illegally and unauthorizedly officiating as Registrar of the

Council. But, for our order dated 27 thof April, 2022, he would

not have done so.

Ms. Shilpi Keshrai further invites our attention to

two facts; (i) registration of two FIRs dated 05.06.2010 and

20.12.2013, in reference to the mismanagement, conduct and

affairs of the Council. Significantly, no progress whatsoever

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stands made in this regard; (ii) the present officiating

Chairman/President has been party to the issuance of

registration certificates of Pharmacists on ascertaining

information through telephone and not after proper verification

of facts with regard to eligibility of the candidate. Attention is

invited to page 17 and 18 of the 3rd supplementary affidavit.

Shri Ajay Behari Sinha further invites our

attention to several communications issued by the Government

asking the President as also the Council to forward the names of

the Registrar. Regretfully, even this was not done.

Our attention is also invited to our order dated

24th of August, 2021 passed in CWJC No. 10967 of 2021, titled

as Uma Shankar Sharma Vs. The State of Bihar & Ors.

Pursuant thereto, the present petitioner had brought the matter to

the notice of the authorities, including the Superintendent of

Police, Vigilance Bureau(Bihar). Apparently, no action stands

taken by the said officer.

We are of the considered view that the

management and the affairs of the Council are not being

conducted by the present incumbent/ officiating elected office

bearer, as it ought to be done, to achieve the aims and objects of

the Pharmacy Act, 1948.

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We may only remind the Government as also the

Council that the Act was enacted and the Council was to be

established for regulating the profession and practice of

pharmacy, ensuring high standards. The Council, inter alia, is

empowered and authorised to carry out inspections of the

institutions and make regulations for strengthening not only the

Council but also several institutions imparting training to the

pharmacists within the State. All this has not been done.

Under these circumstances, we are of the

considered view that the State must exercise its power under

Section 45(5) of the Pharmacy Act and have a proper inquiry

conducted with regard to the management and affairs of the

Council. In the attending circumstances, we would have directed

the State to exercise such power, but leave it to their wisdom to

do so immediately.

We are of the considered view that the enquiry

must be expedited and the report submitted positively within a

period of four weeks from today.

Also, we direct the Director General of Police,

Bihar to ensure that investigation with respect to FIR(s), namely,

Pirbahor P.S.Case No. 166 of 2010 dated 05.06.2010 (Page 12)

and Vigilance Case No. 76 of 2012 dated 20.12.2012 (Page No.

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19 of the supplementary affidavit) is completed, if not already

so done, and report submitted in accordance with law at the

earliest. However, this must positively be done within a period

of four weeks from today. We clarify that pendency of any

proceedings, save and expect, for any direction issued by

Hon’ble the Supreme Court of India, shall not come in the way

of early completion of such inquiry and investigation.

We are also of the considered view that the

Superintendent of Police, Vigilance Bureau, Bihar must also

complete the investigation based on the information furnished

by the petitioner in terms of directions issued in CWJC No.

10967 of 2021, titled as Uma Shankar Sharma Vs. The State

of Bihar & Ors.

Till such time the inquiry is complete, we direct

that the affairs of the Bihar State Pharmacy Council shall be

conducted only by such of those members, who stand nominated

or are officiating in their capacity as ex officio members,

stipulated under the Act.

Shri Shailendra Kumar Singh, learned counsel

appearing on behalf of the respondent No. 5, states that Shri

Nabin Kuamr, President, Bihar State Pharmacy Council shall

fully co-operate and forthwith hand over the charge of the

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affairs of the Council to the Officer-in-Charge of the Drugs

Control Organisation of the State under the Drugs and

Cosmetics Act, 1940, who is member ex officio by virtue of

sub-section (dd) of Section 19 of the Pharmacy Act, 1948.

We clarify that if Nabin Kumar or anyone of the

elected members obstruct the course of inquiry and/or

investigation, we would not refrain from initiating proceedings

of contempt against Nabin Kumar. In fact, they all volunteer to

fully co-operate in the inquiry.

Ms. Shilpi Keshari invites our attention to

communication dated 21.10.2010, Annexure-25 Page 8 of the 3rd

Supplementary Affidavit, evidencing the fact that the some of

the record of the Bihar Pharmacy Council stands taken away by

the then officiating Registrar.

It is under these circumstances, we are

constrained to pass the aforesaid order.

We further direct the State to ensure that

elections to the Council under the Act and the Rules framed

thereunder get conducted at the earliest.

Since the Council has failed to recommend the

name of the Registrar, we direct the State Government to

forthwith appoint anyone of the ex officio members as Registrar

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of the Council by way of an interim arrangement

List this case on 23.06.2022 before which date,

report of compliance be filed by the respondent No. 2 namely,

the Additional Secretary, Health Department, Government of

Bihar, Patna; the Director General of Police, Bihar and the

Senior Superintendent of Police, Vigilance Bureau, Patna.

The order stands noted down by all the learned

counsel, who undertake to communicate the same to their

respective clients.

The court-master shall transmit the copy of the

order electronically to the learned counsel.

(Sanjay Karol, CJ)

( S. Kumar, J)
sujit/-