BABU DIN Vs. STATE OF J AND K

JUDGEMENT

(1.) PETITIONERS herein are Food Inspectors, working in Jammu Municipal corporation having been appointed from time to time in accordance with provisions of Food Adulteration Act (hereinafter referred to as "act" ). They are entrusted with the job of frequent inspections and to perform certain statutory duties as prescribed under the aforesaid Act. Petitioners have questioned the illegality and validity of the order No: MJ/estt/1718-20 dated 19. 6. 2004 issued by Executive Officer of Municipal Corporation, jammu and the corrigendum issued thereto under No: MJ/estt/8/83-87 dated 23. 6. 2004 whereby it has been ordered that inspection of slaughter houses, checking of milk and milk products as well meat shall be looked after by the Municipal Veterinary Officer and Food Inspectors/sanitary inspectors to the extent they are involved with the function for effective inspection shall work under the supervision and control of Municipal veterinary Officer, Municipal Corporation Jammu. It is alleged in the petition that aforesaid two orders amount to interference with the statutory functions of the petitioners. It is further alleged that under the provisions of Act, Veterinary Officer has no role to perform nor he has any authority to inspect the food products. It is also stated that the Veterinary Officer is not qualified to perform duty under the Food Adulteration Act. According to the petitioners, Veterinary Officer also does not have a controlling authority over the petitioners who are required to report directly to Local health Authority as constituted vide SRO 129 of 1993 dated 16. 7. 1993. Further allegation of the petitioners is that Municipal Commissioner does not have any power or authority under the provision of Food Adulteration act to issue such order nor even State Govt. has any such authority under law. Petitioners accordingly not only seek quashment of impugned order but also seek writ of prohibition restraining the respondents to encroach upon or interfere with the performance of statutory duties by the petitioners independently without any pressure or illegal supervision.

(2.) VETERINARY Officer, who has been authorized to supervise the functioning of the petitioners, has also been impleaded as party respondent 4 in the writ petition. Official as well as private respondents have filed their separate objections to the writ petition. Claim of the petitioners of interference in their statutory duties has been refuted. It is stated that impugned orders are not aimed at interfering in the statutory duties being performed by the petitioners under the Food Adulteration Act. It is further stated that under the provision of Jandk Municipal Corporation Act, the over all control and supervision lie with the Commissioner, Jammu municipal Corporation. Veterinary Officer is competent to carry inspection of slaughter houses and dairy etc being possessed of B. V. Sc and A. H (Bachelor of Veterinary Science and Animal Husbandry ). Such power is available with Veterinary Doctor under Grading and Marketing Rules 1991 framed under the Agricultural Produce (Grading and Marketing) Act 1937. It is accordingly urged on behalf of respondents that with a view to provide quality control and inspection, Veterinary Officer has been authorized to supervise the inspection being conducted by the petitioners, who are officers subordinate to Municipal Veterinary Officer. It is also case of the respondents that under the provision of Prevention of Cruelty to Animals (Slaughter House) Act 1960, it is the Veterinary Doctor, who issue certificate of fitness before slaughtering the animals and under the Prevention of food Adulteration Rules 1955, veterinary science is one of the qualifications for appointing a Food Inspector. It is under these circumstances, Govt. has posted Municipal Veterinary Officers in both Municipal Corporations of jammu and Srinagar and vide subsequent order dated 14. 6. 2004, it is directed that service of Municipal Veterinary Officer be utilized for the following purposes:

(3.) IT is further stated on behalf of respondents that under the various provisions of Municipal Corporation Act, Municipal Commissioner has power and authority to supervise and control the functioning of Food inspectors in Municipal area and he has also power to delegate his functions. Accordingly, impugned order has been passed without interfering with the powers and functioning of the petitioners.