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Madras High CourtWP/44714/2025dismissed

K.Karthikeyan v. State Of Tamil Nadu

2025-11-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K. ILANTHIRAIYAN K.Karthikeyan ... Petitioner Vs.

1.State Of Tamil Nadu Rep. By Its Secretary, Health And Family Welfare Department, Secretariat, Chennai-600 009.

2.The Director Of Drugs Control And Licensing Authority Directorate Of Drugs Control, No.359, DMS Campus, 3rd Floor, Near Gemini Flyover, Anna Salai, Teynampet West, Chennai- 600 006.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus quashing the impugned suspension order dated 08.10.2025 issued by the Respondent No.2 and all consequential proceedings and consequentially direct the respondents to reinstate the petitioner in service forthwith with full pay, allowances and continuity of service and / or pass such further or other orders as may be deemed just and necessary.

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For Petitioner : Mr.S.Yogalakshmi For Respondents : Mr.M.Bindran, AGP

O R D E R

This Writ Petition has been filed challenging the order of suspension passed by the 2nd respondent dated 08.10.2025 thereby the petitioner was suspended from service.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. While the petitioner was serving as Senior Drug Inspector, Kancheepuram Zone, he was placed under suspension on the allegation that he failed to inspect the premises under his jurisdiction and also failed to draw any samples during the period from 07.12.2023 to 28.02.2025, in contravention of Rule 52 of the Drugs and Cosmetics Rules, 1945, in relation to the contamination of the cough syrup Coldrif, which was linked to child deaths in Madhya Pradesh. The impugned suspension order was issued only on the basis of the letter dated 01.10.2025 received from the Controller of Food & Drugs Administration, Government of Madhya Pradesh which refers to the death of certain children in Chhindwara 2/5

District owing to the consumption of Coldrif Cough Syrup belonging to Batch No.SR-13, allegedly found to contain diethylene glycol (DEG) at concentrations as high as 48.6%, exceeding the permissible limit of 0.1%.

4. The learned counsel for the petitioner submitted that the alleged incident pertains to Batch No. SR-13 of Coldrif Cough Syrup, which was manufactured in May 2025, long after the petitioner had been relieved from the Kancheepuram Zone on 24.03.2025. Therefore, the suspension order is without any basis.

5. It is seen that a prima facie case has been made out by the respondents to suspend the petitioner from service in view of the deaths of certain children in the State of Madhya Pradesh. Therefore, it is premature to challenge the order of suspension when the enquiry is still at its initial stage.

6. In view of the above, this Court finds no illegality or infirmity in the order of suspension passed by the 2nd respondent dated 08.10.2025. Accordingly, the Writ Petition is dismissed. However, it is seen that the petitioner's representation dated 18.10.2025 seeking revocation of 3/5

suspension is pending on the file of the 2nd respondent. Therefore, the 2nd respondent is directed to dispose of the said representation in accordance with law. No costs.

20.11.2025 Index : Yes/No Speaking Order: Yes/No (shr) To 1.State Of Tamil Nadu Rep. By Its Secretary, Health And Family Welfare Department, Secretariat, Chennai-600 009.

2.The Director Of Drugs Control And Licensing Authority Directorate Of Drugs Control, No.359, DMS Campus, 3rd Floor, Near Gemini Flyover, Anna Salai, Teynampet West, Chennai- 600 006.

G.K. ILANTHIRAIYAN . J., 4/5

(shr) 20.11.2025 5/5