B MUKALINGAM Vs. VUPPALA VENKATA SATYANARAYANA

JUDGEMENT

(1.) The Magistrate, while considering the evidence of the Food Inspector, found that he is not a competent person to act as a Food Inspector as he has not fulfilled the requisite qualification required under R. 8 of the Prevention of Food Adulteration Rules. It is against that the present appeal has been filed by the complainant, Sri Mukhalingam alleging that he is qualified person. Under the proviso to Rule 8 of the Rules, it is contended, he is entitled to continue as Food Inspector, as his original appointment was in the year 1966 as Sanitary Inspector; that by virtue of notification issued by the Government in G.O.Ms. No. 313, dated 23-2-1956 all the Sanitary Inspectors are deemed to be the Food Inspectors for the purpose of provisions of this Act and that, therefore, he is competent to continue to act as the Food Inspector.

(2.) Sri Sadasiva Reddy, learned counsel for the accused, contended that mere fact that the appellant was working as Sanitary Inspector or that a notification has been issued declaring that all Sanitary Inspectors are deemed to be Food Inspectors, does not mean that he is a Food Inspector. According to him, in the light of proviso to R. 8, actually the person, who wants to claim the benefit, must be a person working a Food Inspector as on 1-3-1980. According to Mr. Reddy, even though the Sanitary Inspector, who was discharging the duties of Food Inspector even before that date without any specific designation, though working as on 1-3-1980 as Food Inspector, is not entitled to be continued as Food Inspector.

(3.) The appellant was appointed as Sanitary Inspector, Grade-II on 11-10-1966 by proceedings RCC No. 5427/66 p. 5 dated 11-10-1966. His services were regularised with effect from 23-1-1977 by proceedings dated 30-11-1972. Admittedly, he has not possessed the requisite academic qualification for being appointed as Food Inspector. The relevant portion of Notification in G.O. Ms. No. 313, Health, dated 23-2-1956 reads as under :