HIGHCOURT ALLAHABAD DECISION DISMISSED WRIT OF FOOD SAFETY OFFICERS CADRE ASSOCIATION UTTARPRADESH

HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 30

Case :- WRIT - A No. - 68240 of 2012

Petitioner :- Food Safety Officer Cadre Association And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Raj Kishore Yadav
Respondent Counsel :- C.S.C.,Acharya Rajesh Tripathi,Rakesh Kumar Tripathi

Hon'ble V.K. Shukla,J.
Earlier Rajesh Kumar Yadav and others had filed Civil Misc. Writ Petition No. 51745 of 2011 before this Court and therein challenge was made for quashing of the notification dated 11th August, 2011 issued by Principal Secretary, Food and Drug Administration, Government of U.P., Lucknow and this Court on 29th September, 2011 passed the order mentioning therein that the Division Bench of this Court has upheld the validity of the notification dated 11th August, 2011 in Civil Misc. Writ Petition No. 49263 of 2011 (Ram Shakal Yadav and others Vs. State of U.P. and others). The operative portion of the aforementioned judgement reads as follows;
"In Civil Misc. Writ Petition No. 49263 of 2011, Ram Shakal Yadav and others Vs. State of U.P. and others, the Division Bench of this Court has upheld the validity of the notification dated 11.8.2011. The Division Bench of this Court has held that the State Government is authorised to confer power of the Food Safety Officer under Section 37 (2) of the Food Safety and Standards Act, 2006. The notification has been issued under this section.
I have no reason to take a different view. In view of the decision of the Division Bench, the validity of the impugned notification dated 11.8.2011 is upheld.
It is not the case of the petitioners that any notification has been issued under Sub-Rule (2) of 2.1.3. of the Food Safety and Standards Rule, 2011 authorising them to perform the duty of Food Safety Officer. Under the said Rule, only those Food Inspectors performing the duties under the provisions of Prevention of Food Adulteration Act, 1954, may perfom the duties of the Food Safety Officer if notified by the State/Central Government. Unless there is a notification under the said Sub-Rule (2) of Rule 2.1.3. of the Food Safety and Standards Rule, 2011 to the aforesaid effect. The petitioners, who claim to have been appointed as Food Inspectors under the provisions of the Preventionof Food Adulteration Act, 1954, cannot be allowed to perform the duties of Food Safety Officer.
In view of the above, the writ petitions are devoid of merit and are accordingly dismissed."
Thereafter it is reflected that Special Leave to Appeal No. 32540 of 2011 has been filed and in the said special leave to appeal following order has been passed;
"1. Even though letter has been circulated by learned counsel for
Petitioners to seek adjournment for filing Rejoinder Affidavit, but learned senior counsel appearing for Respondents contended that against the impugned order passed by learned Single Judge of the High Court of Judicature at Allahabad in Writ A. No.53081 of 2011 decided on 29.09.2011,an intra-court Appeal would lie before the Division Bench of the said High Court.
2. In view of this, we grant permission to the Petitioners to withdraw
this Petition with liberty to file a Special Appeal before Division Bench
of the High Court against the said order passed by learned Single Judge of the High Court.
3. If the Special Appeal is filed by the Petitioners within a period of
30 days from today, then in view of the pendency of the matter before this Court, the same shall not be dismissed on the ground of limitation but would be considered on its own merits, in accordance with law.
4. With the aforesaid directions, this Special Leave Petition is
dismissed as withdrawn."
Petitioners submit that now an order dated 14th December, 2012 has been issued and the said order in question is bad as the employees of Nagar Vikas Vibhag working as Sanitary-cum-Food Inspector would be entitle to function as Food Safety Officer and the same would be contrary to the law and Rule 2.3.1. (1) wherein it has been provided that the whole time incumbent shall be appointed as Food Safety Officer and the employees of Nagar Nigam/Nagar Panchayat are not the whole timer, therefore, they are not at all entitled to hold the post in question.
On the matter being taken up today Shri Shashi Nandan, Senior Advocate appearing with Shri Dinesh Tiwari, Advocate submitted that as on date there is an internal correspondence in between the two departments and no notification in question has been issued, as such writ petition in question in the present state is not at all competent and maintainable and liable to be dismissed.
Shri Sunit Kumar, Advocate appearing with Shri Raj Kishore Yadav, Advocate on the other hand contended that notification is a mere formality, as such this Court should entertain the writ petition and the same deserves to be allowed.
Record in question reflects that the Principal Secretary of U.P. Government has addressed a letter to the Principal Secretary, Food and Drug Administration, Government of U.P., Lucknow for carrying out notification in order to enable Sanitary-cum-Food Inspector working in Nagar Vikas Department to function as Food Safety Officer in the Municipal limits. The provisions of Prevention of Food Adulteration Act 1954 has been repealed on 4th August, 2011 and a new act has been introduced named as Food Safety and Standards Act 2006. Under the said act a new rule namely Food Safety and Standards Rule 2011 has been made by the Central Government. Sub-rule (2) of Rule 2.1.3 of the said rules provides that on the date of commencement of these rules, a person who has already been appointed as a Food Inspector under the provisions of Prevention of Food Adulteration Act 1954, may perform the duties of the Food Safety Officer, if notified by the Central/State Government, if the officer fulfils such other conditions as may be prescribed for the post of Food Safety Officer by the State Government. Unless and until there is a notification the incumbents, who have been appointed as Food Inspector under the provisions of Prevention of Food Adulteration Act 1954 may not be in a position to perform the duties of Food Safety Officer. This view has been taken by this Court in Civil Misc. Writ Petition No. 51745 of 2011, Rajesh Kumar Yadav and others Vs. State of U.P. and others. Issuance of notification is a condition precedent and in the said direction in case exercise is being undertaken by the State Government and internally its officials are making correspondence and communication, then without there being any notification made, no cause of action can be said to be accruing. Internal correspondence does not acquire the element of operativeness and enforceability, and Notification becomes operative from the date of publication in the official gazette, as per the view expressed by Apex Court in the case of M/s Pankaj Jain Agencies Vs. Union of India and others AIR 1995 SC 360.
In view of the above, writ petition is dismissed at this stage of proceedings.
Order Date :- 15.1.2013
Shekhar 

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IN UTTAR PRADESH MAY FOOD INSPECTOR OF NAGAR NIGAM/NAGAR PALIKA NOTIFY AS FOOD SAFEY OFFICER

WHY IN UTTAR PRADESH HAPPEN FOOD INSPECTOR OF NAGAR NIGAM/NAGAR PALIKA NOTIFY AS FOOD SAFETY OFFICER.

 

(why in uttarpradesh nagar nigams/nagar palika parishads food inspector merge as food safety officers in fda.up.)    

                             Food safety officers of civic bodies to be shifted to Food and Drugs Administration

7,October, 2012SENTHILLeave a comment

 

NASHIK: Eight food safety officers (FSOs) in civic bodies in the Nashik division are to be merged with the Food and Drugs Administration (FDA) soon. The FDA has sent a proposal to the state to merge eight FSOs from four municipal corporations in the Nashik division with the FDA.

Earlier, the food and adulteration Act was in force in Maharashtra. The municipal corporations had to implement the law in their jurisdictions, while it was implemented by the FDA beyond municipal limits. The registration and licences were also given by the municipal corporations in their jurisdictions. But after the amendment in food and adulteration Act, the state introduced the new act— the food safety and standard Act, 2006.

Accordingly, the accountability of implementing the law in the jurisdictions of municipal corporations and municipal councils was entrusted with the FDA. As per the new act, the posts of food inspectors were converted to FSOs. Presently, there are still eight FSOs with municipal corporations in the Nashik division, but they are working for the FDA.

Speaking to TOI, a senior FDA official said, “There are eight FSOs with four municipal corporations and a municipal council in the Nashik revenue division, but they are working for the FDA. We have sent the proposal to the state for their merger with the FDA. Out of the eight FSOs, two are from NMC, two from Malegaon Municipal Corporation (MMC), one from Manmad Municipal Council, two from Ahmednagar Municipal Corporation (AMC) and one from Jalgaon Municipal Corporation (JMC).”

He added, “These eight FSOs will be merged with the FDA once we get the state’s approval. Nashik divisional office of FDA, includes five districts Nashik, Ahmednagar, Jalgaon, Dhule and Nandurbar. We have around 35 FSOs in Nashik division, including 15 in Nashik district, five in Jalgaon, eight in Ahmednagar district and seven jointly for Dhule and Nadnurbar districts. We are functioning as per the food safety and standard Act, which came into effect from 2011. Different assignments have been given to them and each FSO has been given some specific target of collecting samples and conducting inspections.”

(from the food safety news blogspot.in 

Food Safety and Standards Authority of India 3:32pm Jul 30 Dear Mr. Baliyan, thank you for your insight. It has been noted. Conversation History Rajiv Baliyan 2:22pm Jul 29 SANITARY REQUIREMENT FOR FOOD IN FOOD LAW There are various sanitary and hygienic measures required to be adopted as per food safety and quality management system.Some of them may be taken as voluntary,but there are some sanitary and hygienic requirements prescribed under various orders like FPO-related to fruits and vegetables products, MMPO-related to milk and milk product, MMPO-related to meat and meat product which are mandatory in nature.A manufacturer of any food product covered sanitary and hygienic requirement .The requirements relate to location of the factory,machinery and equipments,internal layout,personal hygiene and facilities relevant to sanitary and hygienic conditions.It is necessary to protection against physical,chemical and biological hazards of food should maintain sanitary and hygienic conditions of manufacturing premises as per parameters laid down in the order.present food safety officers of Uttar Pradesh have no knowledge of sanitary and hygienic conditions.Localbodies sanitary and food inspector have all of knowledge of food ,but they are awaitig for thier notification as food safety officers by food and drug commissioner of uttarpradesh. to notify them will be better result of FSSA.

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