Asks Govt to consider giving independent charge to Commissioner
Srinagar: The
J&K High Court has sought within four weeks a detailed status report
regarding infrastructure, machinery and manpower in food testing Laboratory
Srinagar to examine adulteration in food items.
The directions were passed by a division bench of Chief Justice M M Kumar and Justice Hasnain Massodi while hearing a Public Interest Litigation seeking complete implementation of Food Safety and Standard Act 2006 (FSSA).
The directions by the bench followed perusal of a compliance report filed by the state government and submissions made by the counsel for the petitioners.
The bench found “no whisper” with regard to infrastructure and the technical persons to man posts in the laboratory in the compliance report.
In their submission counsel representing the petitioner pointed out that sampling of food articles would be totally useless without a functional laboratory equipped with latest instruments to carry the tests to detect food adulteration by adopting latest techniques.
“The steps taken to implement the (FSSA) are purely ornamental and superficial and would not impact and change the ground reality in wake of the virtually defunct laboratory,” they submitted.
They also draw the attention of the court to a letter written by Food Analyst (on January 09) to Commissioner Food Safety, Jammu and Kashmir, that food testing laboratory Srinagar may kindly be provided the service of technical staff and latest equipment at the earliest so that the analysis of the food articles can be carried out properly within prescribed time limit of 14 days.
In the compliance report, the government had submitted that two posts of Deputy Commissioner, four posts of Assistant Food Analyst, four posts of Laboratory Technician, two Assistant Food Analyst have been created and the process to fulfil up these posts is to be initiated immediately after issuance of recruitment rules either in the shape of SRO or by virtue of executive order.
To this, the court said that government can proceed to fulfil some posts according to the qualification provided in the Food Safety and Standards Rules, 2011, which are applicable to the state.
The court also directed the government to consider giving independent charge of the post of Commissioner (under FSSA) so that he may prove effective in discharge of his duties rather than giving additional charge to an officer already occupied with various other functions.
The Court has already directed government to take all necessary steps by providing all basic ‘paraphernalia’ for making the provisions of the FSSA “effective and visible on the ground.”
While senior Additional Advocate General J A Kawoosa, and S A Makroo appeared for respondents in the case, the petitioner, Advocate Sheikh Ayoub appeared in person along with advocate T H Khawaja.
The directions were passed by a division bench of Chief Justice M M Kumar and Justice Hasnain Massodi while hearing a Public Interest Litigation seeking complete implementation of Food Safety and Standard Act 2006 (FSSA).
The directions by the bench followed perusal of a compliance report filed by the state government and submissions made by the counsel for the petitioners.
The bench found “no whisper” with regard to infrastructure and the technical persons to man posts in the laboratory in the compliance report.
In their submission counsel representing the petitioner pointed out that sampling of food articles would be totally useless without a functional laboratory equipped with latest instruments to carry the tests to detect food adulteration by adopting latest techniques.
“The steps taken to implement the (FSSA) are purely ornamental and superficial and would not impact and change the ground reality in wake of the virtually defunct laboratory,” they submitted.
They also draw the attention of the court to a letter written by Food Analyst (on January 09) to Commissioner Food Safety, Jammu and Kashmir, that food testing laboratory Srinagar may kindly be provided the service of technical staff and latest equipment at the earliest so that the analysis of the food articles can be carried out properly within prescribed time limit of 14 days.
In the compliance report, the government had submitted that two posts of Deputy Commissioner, four posts of Assistant Food Analyst, four posts of Laboratory Technician, two Assistant Food Analyst have been created and the process to fulfil up these posts is to be initiated immediately after issuance of recruitment rules either in the shape of SRO or by virtue of executive order.
To this, the court said that government can proceed to fulfil some posts according to the qualification provided in the Food Safety and Standards Rules, 2011, which are applicable to the state.
The court also directed the government to consider giving independent charge of the post of Commissioner (under FSSA) so that he may prove effective in discharge of his duties rather than giving additional charge to an officer already occupied with various other functions.
The Court has already directed government to take all necessary steps by providing all basic ‘paraphernalia’ for making the provisions of the FSSA “effective and visible on the ground.”
While senior Additional Advocate General J A Kawoosa, and S A Makroo appeared for respondents in the case, the petitioner, Advocate Sheikh Ayoub appeared in person along with advocate T H Khawaja.
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