INITIATING SUO Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) The compliance report filed by the Health and Medical Education Department suggests that the proposal for supportive staff has been re-submitted 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.