HC warns Govt for failure to provide facilities to FSAT

Excelsior Correspondent
Srinagar, Nov 29: Taking serious note of lackadaisical approach of the Government towards Food Safety Appellate Tribunal (FSAT), High Court today warned it of stern action in case it fails to provide all facilities to FSAT for its proper functioning.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey observed that pure food is basic fundamental right to all citizens and Government is totally non-serious for ensuring that it be available to the people.
The DB directed the Commissioner Secretary H&ME to inform the Court about the facilities provided to FSATs by or before next date or present in person before the Court.
Court in the first instance was inclined to bring the Commissioner/Secretary before the Court but it is after great persuasion by the State counsel, Court asked the Commissioner Secretary to bring the facts before it by or before December 14 with the observation that the detailed orders will follow.
On the other hand Senior Advocate B A Bashir submitted before the Court for framing the rule against the authorities for dereliction of their duties in implementing the Court directions in letter and spirit otherwise they (authorities) are going to do nothing on ground level except taking time again and again from the Court.
Court was hearing application filed by Presiding Officers of both Food Safety Tribunals of Jammu and Srinagar. They submitted that there is deficiency and deficit of all the facilities including manpower for proper functioning of tribunals.
They submitted that notwithstanding multiple directions of the Court, a lot is required to be done by the concerned Department to make the Tribunal functional.
Court has been informed that unskilled meager staff of an Orderly and a Senior Assistant as interim arrangement has been deputed to the Tribunal at Jammu. “The deputed senior Assistant is not in a position to take dictation nor does he have the knowhow of typing or any administrative skill. Almost same is the position at Srinagar also”, read the application.
It has also been submitted that Health and Medical Education Department may be content with what they have done so far in compliance of the directions of Court but the fact is that the Health and Medical Education Department has to do much more to ensure that the working of the Tribunals is smooth and hassle free.
Court has been informed that the post of Registrar(s) of the Tribunal has not been even sanctioned even.
“The process of recruitment of staff of the Tribunals, which is yet to start, may take months together and till then some alternate arrangement is required to be made”.
Court has also been informed that the Presiding Officer of Food Safety Tribunal at Srinagar assumed the charge more than six months before but the Tribunal is virtually non-functional due to deficiency of staff and infrastructure.
“So the ground situation in both the Tribunals is almost identical so far as basic requirements are concerned. Health and Medical Education Department appears to be moving at a slow pace to fulfill its statutory obligations in making the Tribunals functional”,  Advocate Bashir submitted with reference to the application of presiding officers of FSAT.
Court has been informed that apart from what has been submitted there are so many issues which the Department needs to look into for the functioning of the Tribunals at Jammu and Srinagar and a committed introspection is required on the part of the officers at the helm of affairs so that corrections, whereever needed are made at the earliest in tune with the directions given by Court from time to time.

LEAVE A REPLY

Please enter your comment!
Please enter your name here