Excelsior Correspondent
SRINAGAR, Mar 14: The High Court today sought personal appearance of Commissioners Secretaries of Finance and Health Departments to explain before the Court as to why requisite steps have not been taken for functioning of Food Safety Tribunals (FSTs) in the State.
At the very threshold amicus to the PIL Senior Advocate B A Bashir submitted before the court that the purpose of establishing the Tribunals is getting defeated by the in-actions of respondents.
He further apprised the court that Tribunals cannot be expected to function and entertain the cases or hear or decide such case as basic facilities are still lacking in these Tribunals.
“In the above background, there is no option for the Court but to seek personal appearance of both the Secretaries viz. Commissioner /Secretary to Government Finance Department and Commissioner/ Secretary to Government Health Department to explain as to why requisite steps are not being taken to ensure that the Tribunal at both places functions smoothly”, directed the Division Bench of Justice Ali Mohammad Magrey and Justice B S Walia.
DB further directed these officials to ensure release of funds to the Tribunals to enable the Presiding Officers of said Tribunals to draw their own salary and of their staff within week’s time.
“They shall also ensure that Presiding Officers of both the Tribunals do not face any difficulty in meeting their day to day official expenses” adding with “The two Secretaries shall also ensure that a notification is issued by the Government empowering the Presiding officers of the Tribunal to draw and disburse the salary. If the needful is done by Monday i.e. 20th March, 2017, then the officers need not to appear in person”, read the order.
It is in terms of the previous order Commissioner/Secretary to Government, Health and Medical Education Department, was required to file his affidavit to indicate the steps taken to ensure proper functioning of the Tribunals both at Jammu as well as in Kashmir.
Additional Advocate General M I Dar representing State submitted that the affidavit has been filed and the details, as were required in terms of the order, have been reflected therein.
“We are not satisfied with the compliance filed by the Commissioner/ Secretary to Government, Health and Medical Education Department”, DB observed after perusal of the said affidavit.
In the previous report, it is stated that that necessary steps have already been taken by the concerned Department for creation of two posts of Assistant Registrars, two posts of Sr. Stenographers, two posts of Judgment Writers, two posts of Computer Operators, two posts of Drivers, two posts of Jr. Assistants, four posts of Orderlies and two posts of Dispatch Riders.
In the compliance report it was further stated that office accommodation for both the Tribunals has been identified at Patoli Mangotrian for the Jammu based Tribunal and Combined Food and Drug Laboratory, for the Srinagar based Tribunal.
“Further the financial implication involved in creation of posts supra for both the Tribunals has also been worked out to Rs. 50.44 lacs along with release of Rs. 50.00 lacs for procurement of office furniture, computers, office accessories etc, has been submitted to the Finance Department for its concurrence vide communication dated 15th December, 2016”, revealed the compliance report of respondents.
Court said that reports appear to be an eye wash confining it to the paper work only, as the Presiding Officers of both the Tribunals have felt compelled to report to this court the ground situation of these Tribunals.
The Presiding Officers have submitted that the space provided to them for running the office do not even have the semblance of an institution as only a room is allotted for the purpose which too is in shambles. The budgetary allocation has not been made to the Tribunal for the development of infrastructure.
State counsel submitted that the office accommodation provided by Estates Department to Controller Drug and Food Control Organization at Old Secretariat, Srinagar has been handed over to the Presiding Officer, Food Safety Appellate Tribunal, for Kashmir on February 28 and as regards the Jammu Office of the Tribunal, the room (Office) of the Drug Analyst, Combined Food and Drug Laboratory, Jammu has been kept at the disposal of Presiding Officer, Food Safety Appellate Tribunal, Jammu, till such time suitable accommodation commensurate with the requirement of the Tribunal is made provided/identified by the concerned authority, i.e. Director Estates who has been approached through series of communications in this behalf.
It was also stated in the compliance report that the Finance Department has returned the file with agreement to the creation of posts to the Food Safety Appellate Tribunal, details whereof are given in the compliance report.
“Nothing, in the report, is stated about the release of Rs 50.00 lacs by the Finance Department as requisitioned by the Health Department for staff, furniture and other allied matters. There is no mention regarding the availability of funds for ensuring disbursement of salary in favour of both the Presiding Officers and their staff”, the DB said.
Court also directed to Director, Estates Department to ensure hiring of accommodation for the Tribunal at Jammu by the next date which the court fixed on March 22.
Meantime Chairperson, J&K Service Selection Board, has also by way of compliance report informed the court that the Board is in the completion of process of selection and in this regard syllabus for the written examination shall be made known to the candidates at least 30 days in advance.
Counsel representing the board, Hashim Hussain submitted before the bench that the written examination will be conducted by the Board by the end of this month and the process will be completed within two weeks thereafter.
“Chairperson, Service Selection Board, is directed to undertake and complete the process of selection against all the posts within a period of four weeks”, the DB directed.
Court also sought fresh status report from Commissioner/ Secretary to Government, Health and Medical Education Department, Controller Food and Drug Control Organization and Managing Director, Medical Supplies Corporation, indicating therein the steps taken by them towards the implementation of the directions passed in this PIL from time to time.
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