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Plea seeks removal of Director of Drugs Control of Tamil Nadu

A. Subramani

Says official lacks necessary qualification "Health Department has not taken steps to fill the post by accelerating promotions to the feeder category officers."

CHENNAI: A petition seeking the removal of the Director of Drugs Control (additional charge) of Tamil Nadu on the ground that he is holding the public office without necessary qualification has been filed in the Madras High Court.

Justice F.M. Ibrahim Kalifulla admitted the quo warranto petition filed by retired Joint Director of Drugs Control T.K. Ramalingasamy and ordered notice to the Health Secretary.

The petitioner submitted that since April 2003, the Health Department had not taken steps to fill the post of Director of Drugs Control by accelerating promotions to the feeder category officers. In November 2005 it asked a civil servant to hold additional charge despite the fact that he did not satisfy Rule 50-A of the Drugs and Cosmetics Rules, 1945.

As per the rule, a Director of Drugs Control must be a graduate in pharmacy, pharmaceutical chemistry or medicine with specialisation in clinical pharmacology and must have experience in manufacture or testing of drugs for at least five years.

The impugned order asked the Managing Director of Tamil Nadu Medical Services Corporation, S. Vijaya Kumar, to hold additional charge of drugs control. While the Corporation was a purchasing agency, the Drugs Control Department was supposed to inspect the Corporation and, if necessary, issue show-cause notice to the Managing Director. If one official held both posts he could neither maintain the standard of drugs procured nor reply to the show-cause notices, the petitioner said.

Terming it "usurpation of office," he said the official lacked the basic experience in the Drugs department and had no knowledge of drugs as required under the Drugs and Cosmetics Act. The Health Secretary was stopped from making any appointment to the public office against statutory provisions.

Licensing authority

Referring to another order which authorised an Assistant Director-level officer to act as the State licensing authority under the supervision of the Director, the petitioner said: "Now the power of licensing authority has been given to a zonal officer who cannot perform the duties of a State-level officer. It is against the regular rule of practice."

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