Service related

Prasenjit Mondal (Querist) 25 May 2023 This query is : Resolved
sir/ mam i was working as a pharmacist in a medical shop, because of owners' bad behavior i sent him resignation letter and asked for release letter. when he refused to give the release letter then i went to the nearest drug control office. Then they tell me to send 3 copies of my resignation letter to the owner's address and give them an intimation letter. i have given that, after few days when i met with the ADG sir he tells me that the complaint is not listed there then he tells me to contact di. After all of this the person is still running his shop on his own by using my pharmacist registration number. It affects my career. but after all of this the drug control office doesn't take any step against him what should i do?

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A pharmacist resigned due to an owner's poor behaviour but is still facing issues as the owner continues to use their registration number to run the shop. Despite multiple visits to the drug control office and sending registered mail, no action has been taken. The advice suggests that the pharmacist may not have followed all legal procedures and recommends sending a formal legal notice to the owner, copying the drug controller, and potentially filing a suit for injunction if authorities remain unresponsive. Filing a writ of mandamus in the High Court is also suggested as a recourse against the department's failure to act.

Sudhir Kumar, Advocate (Expert) 25 May 2023
you should pursue the matter with drug controller.

It appears from your blog that the owner is unlicensed and using your license, It is illegal to run a pharmacy without a licensed pharmacist being present all the time.

kavksatyanarayana (Expert) 25 May 2023
You shall report the matter with details to the D CG by registered post.

Prasenjit Mondal (Querist) 25 May 2023
Sir I have visited the drug control office more than 15 times . But they didn't do anything . And also I have sent registered mail to the DDC office as well. But still nothing.

Sudhir Kumar, Advocate (Expert) 26 May 2023
Have you given a notice to the shopkeeper that he is not entitled to use your license or be liable u/s________ of Drugs and Cosmetics Act.?

Have you given in writing to the department that you are no more working in that pharmacy and that the pharmacy does not have a licensed vendor?

If you have done so you can at the most consult your lawyer on the feasibility of public. notice.

T. Kalaiselvan, Advocate (Expert) 30 May 2023
It appears that you have not followed the procedures as prescribed in law .
The owner of the pharmacy cannot run the pharmacy without a qualified pharmacist.
Especially he cannot continue to run the medical shop on your license if you have resigned the job .
You have to resort to legal action by sending a legal notice to him to not continue the business with your license and endorse a copy to the drug controller, drug inspector requesting them to take legal action if the owner still continues the business using your license.
If no action is taken by the authorities concerned, you can file a suit for mandatory injunction against the owner to restrain him from continuing his medical shop business using your drug or pharmacy license

Sudhir Kumar, Advocate (Expert) 31 May 2023
It appears that the concerned department has also failed in the public duty and writ mandamus can be filed in High Court.

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