RELIANCE RETAIL LIMITED Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by order dated 18.11.2013 in FS & S Case No. 25/2013 -14 under Section 52 of the Food Safety & Standards Act, 2006 passed by the Deputy Commissioner -cum -Adjudicating Officer and order dated 26.11.2013 issued by the Designated Officer -cum -1st Additional Chief Medical Officer, Ranchi directing the petitioners not to carry on any business during the period the licence remains suspended, the petitioners have approached this Court by filing the present writ petition. A further prayer for quashing the proceeding under the Bihar and Orissa Public Demand Recovery Act, 1914 in Certificate Case No. 9 (Penalty)/2013 -14 for recovery of the penalty amount of Rs. 3,00,025/ - from the petitioners, has also been made.

(2.) THE writ petition has been filed by the Reliance Retail Limited and two of its employees. It is stated that the Reliance Retail Limited is carrying on business through 9 retail outlets in the Ranchi town. On 13.03.2013, one Smt. Gulab Lakra took sample of noodles of 1200 gms. from the retail outlet at Kanke and it was sent for analysis to the Public Analyst. The Public Analyst after analysing the sample found that the sample is mis -branded and does not conform to Regulation 2.2.2.10 of the FS & S (Packaging and Labelling) Regulation, 2011. The report of the Food Analyst dated 21.03.2013 was made available to the petitioners and the Designated Officer referred the matter for adjudication under Section 68 of the Food Safety and Standards Act, 2006. A show -cause notice dated 27.04.2013 was issued to the petitioner Nos. 2 & 3 by initiating a proceeding being Food Safety and Standards Case No. 25/2013 -14. Vide order dated 18.11.2013, the Deputy Commissioner -cum -Adjudicating Officer, Ranchi imposed a penalty of Rs. 3,00,000/ - and further ordered that till the penalty amount is paid the licence of the petitioner No. 1 namely, Reliance Retail Limited would remain suspended.

(3.) A supplementary affidavit has been filed by the authorised signatory of the petitioner No. 1 -Company submitting that though a show -cause notice dated 27.04.2013 was issued, copy of the complaint was not attached along with the notice issued to the petitioners and accordingly, the letter dated 21.08.2014 was written to the Deputy Commissioner -cum -Adjudicating Officer, Ranchi for supplying copy of the complaint filed against the petitioners.