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Judgment
The laudable object sought to be achieved by the instant Public Interest Litigation is aimed at ensuring complete implementation of a social piece of legislation i.e. Food Safety and Standards Act, 2006. Keeping in view the laudable object of great public advantage of the said social legislation, the Court had to intervene because from the year 2006 its implementation has remained a distant dream. Various orders/directions were issued from time to time but still implementation of the Act has not materialized to its desired limits.
It is the social and legal obligation of Government Health and Medical Education Department to ensure complete and effective implementation of the said social legislation. Slow implementation of the Act is discernible from the fact as was earlier noticed i.e. for creation of post of Commissioner, Food Safety along with supportive staff, a proposal was submitted by the Health and Medical Education Department to the Finance Department. Quite astonishing that the proposal had been cleared by the Finance Department only to the extent of creation of the post of Commissioner, Food Safety whereas proposal for supportive staff was ignored. Taking strong exception to the same, vide order dated 5th October, 2017, Finance Department was directed to clear the proposal within a week, thereafter same be placed before the Cabinet for final approval. The process was directed to be completed within six weeks.
The compliance report filed by the Health and Medical Education Department suggests that the proposal for supportive staff has been resubmitted by the Health and Medical Education Department vide U.O. No.HD/plan/22/2017-II dated 21.09.2017 and now the Finance Department has returned the proposal on 07.12.2017 conveying agreement for creation of three posts for the office of Commissioner, Food Safety, which includes the Private Secretary, Junior Assistant and Orderly whereas vis-a-vis post of Driver, same has been asked to be requisitioned from the State Motor Garages. It is further stated that the matter is required to be taken up with the State Cabinet for its approval and once it is done, independent Commissioner of Food Safety will be established to pave way for strict implementation of the Food Laws.
Learned AAG was asked to have the instructions as to when the matter will be placed for approval of State Cabinet, he, after having instructions, stated that steps have been taken. He was impressed upon to convey it to all concerned that since State Cabinet is stated to be meeting on 21st December, 2017, therefore, they shall ensure that the proposal is placed before the Cabinet on the said date.
On 19th December instant, learned AAG will apprise the Court as to whether all requisite steps have been taken for placing the mater before the State Cabinet in its meeting scheduled on 21st December, 2017.
In the compliance report it is further stated that the kitchen as was run by Police authorities in the premises of Food Lab has been closed but they have not vacated the premises of erstwhile Forensic Science Laboratory. Police authorities have been requested to vacate the premises vide communication dated 09.12.2017 but nothing concrete has been done. It being so, we direct Director General of Police, J&K, to ensure that the premises are vacated within ten days and report compliance.
It is further submitted in the compliance report that 1457 samples of food articles w.e.f April, 2017 to 30th November, 2017 have been collected in Jammu Division out of which 1221 samples have been tested. 138 samples have been found in contravention to the provisions of Food Safety and Standards (Packaging and Labelling) Regulations, 2011. 56 prosecutions have been launched so far out of which 5 cases have been decided by the Adjudicating Officer and an amount of Rs.18,000/ has been imposed as fine. Similarly, in Kashmir Division, total number of 876 samples have been lifted, out of which 682 samples have been tested. 98 samples have been found in contravention to the provisions of Food Safety and Standards (Packaging and Labelling) Regulations, 2011. 15 prosecutions have been launched so far and one has been decided by the Adjudicating Officer by imposing fine amounting to Rs.5000/. Supporting this position, reports of Deputy Commissioner, Food Safety, Jammu/Kashmir have been enclosed with the compliance report. The action so far taken regarding lifting of samples has to be further strengthened by having recourse to an intensive drive so that standard food articles are ensured to be available in the market as against any sub-standard food articles.
Regarding creation of posts of different categories for Food Safety Appellate Tribunals, Jammu/Kashmir, vide Government order No.254- HME of 2017 dated 12.05.2017, 20 posts have been created. The mode and method of recruitment has been prescribed vide Govt. order No.450-HME of 2017 dated 12.05.2017. The said posts have been referred to the J&K Services Selection Board for being filled up on fast track basis in terms of SRO 202 of 2015 dated 30.07.2015. We direct J&K Services Selection Board to ensure that the posts as referred are filled up on priority basis and unwanted delay at any level shall not be appreciable.
In the compliance report it is further stated that till the said posts are filled up on regular basis in pursuance to the process of selection initiated by J&K Services Selection Board, the Health and Medical Education Department, by way of an interim arrangement, vide OM No.HD/Drugs/74/ 2017 dated 11.12.2017, has requested the General Administration Department to provide the staff on deputation basis to the Appellate Tribunals which include Junior Scale Stenographer, Computer Operation, Driver, Junior Assistant, Orderly, Dispatch Rider and to allot Government vehicles from State Motor Garage to the Presiding Officers of Food Safety Appellate Tribunals. Considered. We directed Commissioner/Secretary to
Govt. General Administration Department to ensure that the said staff on deputation basis, by way of interim arrangement, is made available to the Food Safety Appellate Tribunals, Jammu/Srinagar, within ten days. Learned AAG submits that he has been informed by Director, State Motor Garages, that one vehicle will be provided to the Presiding Officer, Food Safety Appellate Tribunal, Jammu within one day but he is impressed to ensure that another vehicle in good condition is also provided to the Presiding Officer, Food Safety Appellate Tribunal, Srinagar, by replacing the old vehicle which is not roadworthy.
It has been further stated in the compliance report that the Secretary to Government, Department of Law, Justice and Parliamentary Affairs, vide OM dated 11.12.2017, has been requested to place 2(two) Assistant Registrars and 2(two) Judgment Writers on deputation basis to Food Safety Appellate Tribunals for Kashmir/Jammu each till these post are regularly filled up. Considered. We direct, Secretary to Government, Department of Law, Justice and Parliamentary Affairs, to ensure that on deputation basis said staff i.e. two Assistant Registrars and two Judgment Writers, one each for Jammu Tribunal and Srinagar Tribunal are provided within ten days.
In the compliance report it is further stated that all efforts have been taken to comply with the directions of this Court so as to ensure implementation of Food Safety and Standard Act, 2006. We appreciate the concern shown but still much is required to be done. The Health and Medical Education Department shall vigorously follow the implementation of the Act, rules and regulations in-keeping with the great object of the said social legislation.
The factual report has been submitted by the Presiding Officers of Food Safety Appellate Tribunal Jammu and Srinagar. Various concerns suggested already stand taken care of hereinabove. However, regarding transfer of cases arising out of the said Act, wherever pending, steps have not been taken for being transferred to the Appellate Tribunals at Jammu and Srinagar. In this behalf, learned AAG to file his response on 19th December, 2017.
The petition be listed on 19th December, 2017 so that learned AAG will apprise the Court about the latest process regarding placing the matter vis-a-vis creation of supportive staff of the Commissioner, Food Safety and establishment of independent Commissioner of Food Safety.