Rajasthan HC – Appeals against Adjudicating Officer

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writs No. 66 / 2016

1. Ajay Kumar Choudhary S/o Sh . Bijay Kumar Choudhary, aged about 51 years, nominee of M/s. Hindustan Coca-cola Beverages Private Ltd., having its plant amongst others situated at 39-40 RIICO industrial area, Kaladera, Tehsil Chouma, District Jaipur.

2. Shri Kailash Sharma, S/o Shri Doongarmal Ji, aged 43 years, Owner of M/s Ramesh Cold Drinks, Agarwal Colony, Bus Stand Premises, Bhinmal, Jalore Rajasthan.

—-Petitioners Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Adjudicating Officer cum Additional District Magistrate, Jalore.

3. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Jalore.

—-Respondents Connected With S.B. Criminal Writs No. 6 / 2014 Ashish Paliwal son of Shri Vishnu Prasad Sharma, Proprietor M/s. Vishnu Trading Company, Near Marwari Complex, Bus Stand, Pratapgarh.

—-Petitioner Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Pratapgarh.

3. The Adjudicating Officer and Additional District Magistrate, Pratapgarh.

—-Respondents (2 of 7) [ CRLW-66/2016] S.B. Criminal Writs No. 8 / 2014 Radhakishan Paliwal son of Shri Jagnnath Paliwal, aged 80 years, Proprietor M/s Heeralal Radhakishan, Sadar Bazar, Pratapgarh.

—–Petitioner Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Pratapgarh.

3. The Adjudicating Officer and Additional District Magistrate, Pratapgarh.

—-Respondents S.B. Criminal Misc(Pet.) No. 2203 / 2015

1. Chandan Mal S/o Shri Jawalimal Kothari,

2. Sudarshan S/o Shri Chandanmal Kothari, Both R/o Behind Sohan Kothi, Ambedkar Circle, Bikaner

—-Petitioner Versus

1. State of Rajasthan through Food Secretary, C/o Secretariat, Jaipur.

2. Shri Gopal Krishna Sharma, Food Safety Officer, C/o Chief Medical and Health Officer, Bikaner.

—-Respondent S.B. Criminal Misc(Pet.) No. 2297 / 2015

1. Ramchandra S/o Shri Narsing Das Agarwal,

2. Gopikishan S/o Shri Ramchandra Agrawal, M/s Agrawal General Industries, Near Head Post Office, Fad Bazar, Bikaner R/o Near Anand Studio, Bikaner (3 of 7) [ CRLW-66/2016]

—-Petitioners Versus

1. State of Rajasthan, through Food Secretary, C/o Secretariat, Jaipur.

2. Shri Gopal Krishna Sharma, Food Safey Officer, C/o Chief Medical and Health Officer, Bikaner.

—-Respondent S.B. Criminal Writs No. 51 / 2016 Anil Kumar son of Shri Babualal, by caste Jain, resident of Kalyanpura Marg No.1, Barmer.

—-Petitioner Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Barmer.

3. The Adjudicating Officer and Additional District Magistrate, Barmer.

—-Respondents S.B. Criminal Writs No. 52 / 2016 Anil Kumar Anil Kumar son of Shri Babualal, by caste Jain, resident of Kalyanpura Marg No.1, Barmer.

—-Petitioner Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Barmer.

(4 of 7) [ CRLW-66/2016]

3. The Adjudicating Officer and Additional District Magistrate, Barmer.

—-Respondents S.B. Criminal Writs No. 53 / 2016 Anil Kumar son of Shri Babualal, by caste Jain, resident of Kalyanpura Marg No.1, Barmer.

—-Petitioner Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affairs, Government of Rajasthan, Jaipur.

2. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Barmer.

3. The Adjudicating Officer and Additional District Magistrate, Barmer.

—-Respondents S.B. Criminal Writs No. 65 / 2016

1. Ajay Kumar Choudhary S/o Sh . Bijay Kumar Choudhary, aged about 51 years, nominee of M/s. Hindustan Coca-cola Beverages Private Ltd., having its plant amongst others situated at 39-40 RIICO industrial area, Kaladera, Tehsil Chouma, District Jaipur.

2. Bhear Ram S/o Shr. Hansa Ram Coudhary, aged 36 years, the salesman of M/s. Sureshwari Agency, Khara road, Ahore, District Jalore (Raj.)

3. Peera Ram S/o Hansa Ram Choudhary, aged 40 years, The owner of M/s. Sureshwari Agency, Khara Road, Ahore, District Jalore (Raj.)

—-Petitioners Versus

1. State of Rajasthan through its principal Secretary Department of Law and Legal Affaris, Government of Rajasthan, Jaipur.

(5 of 7) [ CRLW-66/2016]

2. Adjudicating Officer cum Additional District Magistrate, Jalore.

3. Food Safety Officer, Jalore in the office of Chief Medical and Health Officer, Jalore.

—-Respondents For Petitioner(s) : Mr. Vikas Balia with Mr. Pramod Vyas and Mr. Dinesh Pal Singh.

Mr. Sheetal Kumbhat.

Mr. SD Purohit.

For Respondent(s) : Mr. KK Rawel PP for the State.

Mr. SS Ladrecha assisted by Mr. Vikash Choudhary.

HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 19/07/2017

The petitioners have preferred these petitions against the impugned orders dated 30.06.2016, 27.06.2016, 5.08.2014 and 10.07.2015.

Although appeal is provided under Section 71 of the Food Safety and Standards Act, 2006 before the Food Safety Appellate Tribunal, but the same had not been constituted, until the cases were filed. In such circumstances, an interim order was passed by this Court, which reads as follows:

“Learned counsel for the petitioners submits that against the impugned order although appeal is provided under Section 71 of the Food Safety and Standards Act, 2006 before the Food Safety Appellate Tribunal, however, the State Government has, so far, not constituted the aforesaid Tribunal.

(6 of 7) [ CRLW-66/2016] By highlighting this fact situation, learned counsel submits that the petitioners are unable to avail the remedy of appeal provided under the aforesaid Act.

Taking into account the fact that appellate Tribunal is not functioning, I feel persuaded in the peculiar facts of the case to grant indulgence to them. A statutory remedy of appeal provided under the statute cannot be denied to a litigant.

Issue notice. Notices are made returnable within four weeks and be given ‘dasti’ to learned counsel for the petitioners.

In the meanwhile, effect and operation of impugned order dated 30th of June, 2016 (Annex.8) passed by Adjudicating Officer-cum-Additional District Magistrate, Jalore shall remained stayed.

Connect with Criminal Writ Petitions Nos.8/2014, 51/2016, 52/2016 and 53/2016.”

It is undisputed that the remedy of appeal is a statutory remedy provided under the law, and since remedy is provided by a statute it cannot be deviated from, therefore, the Tribunal which was to hear the appeal is the only appropriate forum before which the remedy of appeal should be avail by the petitioners in accordance with Act of 2006.

In light of the aforesaid interim order, the present petitions are disposed of with a direction that the statutory remedy of appeal provided under the statute shall be available to the petitioners. The appeals shall be filed within a period of 30 days from today.

A copy of this disposal order may be sent to the Food Safety (7 of 7) [ CRLW-66/2016] Appellate Tribunal also. After the submission of the appeals within 30 days, the petitioner may contest their cases on their own merits. Until the Tribunal starts adjudicating the appeals on their own merits and passes appropriate reasoned order entitling or dis-

entitling the petitioners for the stay or any other final order, the interim order passed by this Court shall remain in currency.

(DR. PUSHPENDRA SINGH BHATI)J.

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