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Madras High Court stays extension given to DCGI until further orders

Peethaambaran Kunnathoor, Chennai | Wednesday, July 20, 2011, 15:20 Hrs [IST]

In a major embarrassment to the Government of India, the Madras High Court has stayed until further orders the Union health ministry's recent order in which it had given nine months extension to Dr Surinder Singh to continue in the position of Drugs Control General of India (DCGI).

Hearing a public interest litigation (WP 15607/2011) filed by T K Ramalingasamy, a former regulatory officer of the Tamil Nadu Drugs Control Department, the High Court bench comprising chief justice M Y Iqbal and Justice T S Sivanjaanam in its interim order made the extension given to Dr Surinder Singh null and void till further orders.

On June 8, 2011 the Government of India had extended the appointment of Dr Surinder Singh as DCGI until 31. 3. 2012. The DCGI’s deputation tenure was to expire on June 21, this year.

According to Advocates from Sarvabhouman Associates who have appeared before the court on behalf of the petitioner, the DCGI cannot continue in his position until a further order from the court, and the government has to give the charge to somebody else for the time being. Additional solicitor general of India, M Ravindran has appeared in the court on behalf of the DCGI.

The advocate of the petitioner said that the case regarding the appointment of the DCGI was pending with the court when the extension order was issued. So the extension given by the government without the permission of the court becomes sub judice.

The petitioner has argued in his petition that while appointing Dr Surinder Singh as DCGI, the Government of India and the Union Public Service commission had not followed all the provisions of Drugs & Cosmetics Act and Rules. He prayed to the court to direct an inquiry into the selection process of Dr Surinder Singh and pleaded for framing of rules for the selection and appointment of candidates for the DCGI post.

On June 14, the Government of India issued a gazette notification that the appointment of DCGI can be done through on deputation basis. This was the mode of appointment the government followed at the time of appointing Dr Surinder Singh.

Comments

Suresh Jain

Jul 21, 2011 7:04 PM

Very good, well done Mr Ramalingasamy. Also Thank full to Chennai High Court. I am Very very happy.This is the person who has cheat the Indian Pharma Industry by Banning several drugs including Nimesulide notification presented on 16 Feb 2011(before meeting with All State Drugs controller and Parliamentary committee) but implemented on back date (10 feb 2011).There was about 2000 crore loss to pharma industry. He spent/worked his whole life enjoyed with Pharma Industry but near the end of service he cheat like this.He has not given any grace period to pharma industry.although he is a DCGI but do not know the difference between Phenylpropanolamine and Phenypropanolamine Hcl. ""Bhagwan ke yanha der he andher nanhi"" again Thanks to Shri Ramalingasami.

Elangeswaran

Jul 21, 2011 11:38 AM

Respected Editor,
The undersigned wish to bring you the following to your kind notice on the news “Extension for Drugs Chief stayed by the High Court” on 21.7.2011 in Times of India, Tamilnadu Edn, in page No.4.
1. I am one of the short listed candidates having more qualifications than Dr.Surinder Singh.
2. I have received the personnel interview call letter from UPSC for that post.
3. The interview date was 7.2.2008, to be held at UPSC, New Delhi.
4. But, Dr.Surinder Singh was appointed as in charge DCG (I) on 1.2.2008 itself.
5. I have made a representation to the Excellency “The President of India” on 4.2.2008 that his appointment is in violation of norms, since he is one of the candidates for that Post and he is not in the feeder cadre of the drugs Department.
6. My representation was forwarded to the Secretary (H) for his comments.
7. The then Secretary (H) scolded me through phone that it is his prerogative to appoint any person of his choice as DCG (I).
8. I have rep

kannan	Jul 20, 2011 8:06 PM
It is a welcome order of the hon, court staying the extension of DCGI

arun	Jul 20, 2011 8:03 PM
The Govt has acquired proficiency of doing wrong thing at every given oppurtunity. Fortunate, the Court intervined and snubs the Govt. What will happen if judiciary system is not active in India. Kudos to courts for their timely intervention.