Excelsior Correspondent
SRINAGAR, Dec 22: The State High Court today directed the Presiding Officers of the Food Safety Tribunals to join their postings within three weeks. The two Tribunals, one each in Srinagar and Jammu, were formed by the Government under High Court directions to deal with the cases of unsafe and adulterated food products.
Government appointed presiding officers for Food Safety Appellate Tribunal Kashmir and Jammu but the High Court had put the joining of two presiding officers of the Tribunal on hold.
The Presiding Officers were appointed in terms of SRO 371 but the court in terms of previous order had put on hold the assuming of the charge as presiding officers of the both Food Safety appellate tribunals as the Court was not informed about the availability of infrastructural facilities for these authorities (Presiding Officers) as to where from these authorities will function and whether they have been provided the necessary staff or not and in such situation it may be insignificant for them to join within 21 days.
Court today modified the direction and directed these authorities to assume on their place of posting for which they have been appointed. “We modify the direction contained in order of November 25 and we accordingly direct that Mohammad Yousuf Akhoon (PD&SJ) presently posted as Principal Secretary to Chief Justice, appointed Presiding Officer for Food Safety Appellate Tribunal Kashmir, shall join the place of posting for which he stands appointed in terms of SRO 371 within four weeks from today”, Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed.
About the Presiding Officer for Jammu Appellate Tribunal, M K Hanjura, presently member Judicial National Company Law Tribunal Delhi has been appointed as Presiding Officer of the Food Safety Appellate Tribunal Jammu.
He has sent a communication to Secretary H&ME referring to Section 416 of Companies Act stating therein that in compliance to the aforesaid provision of law, he has tendered his resignation. He has requested that the period of 21 days granted for joining in terms of SRO 371 be extended till such time he is relieved by the Government.
“In view of the aforesaid legal position, to the extent M K Hanjura, it is provided that the period of joining shall be deemed to have been extended up to the time; he is relieved by his employer or till such time three months notice period expires”, DB recorded in its order.
Concerned in its compliance report states that regarding office space, the department has identified the office accommodation for both the tribunals at ‘Patoli Mangotrian’ Jammu and ‘combined food and drug laboratory’ situated at Srinagar.
The proposal for creation of posts for both the tribunals, it is stated that it involved annual financial implications of Rs 50.44 lakhs along with release of Rs 50 lakhs for procurement of office furniture, computers, office accessories etc, has been submitted to the finance department for its concurrence vide communication dated December 15. It is also stated in the compliance report that in the meanwhile, the department is working out availability of some support staff through internal arrangement.
The appointed Presiding Officers under the SRO were asked to assume charge within a period of 21 days from the date of issuance of notification(SRO) who have been appointed for a period of five years from the date of their joining or until they attain the age of 65 years.
It is mentioned here that the court previously had directed the authorities to report it about the setting up of appellate authority both at Srinagar and Jammu and had directed the concerned authorities to expedite and constitute these authorities before the next date and report compliance to the court.
In response to the observations made in the order of 25.11.16, it is stated in the compliance report 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.
Chairperson of the Services Selection Board, who was previously present before the court had submitted that steps will be taken for filling up of the requisite posts.
Court on previous date of hearing had directed the Chairperson Services Selection Board to complete the selection process of several posts for food testing laboratories of Kashmir as well as Jammu Divisions by next date or appear in person before the court to explain his position.
The court was hearing suo moto cognizance after various reports coming in media about the lack in checking the poor consumption of foods in the Valley and about the food items like oils, milk etc consumed by general masses according to the reports are contaminated and such kind of adulteration have flooded the markets of the Valley as there is no mechanism in place to check the purity of eatables.
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