- (1.) This bunch of writ petitions has been filed challenging the order passed by the Additional District Magistrate/Adjudicating Officer under section 68 of the Food Safety and Standard Act, 2006 (hereinafter as Act, 2006) for violation of the provisions of the Act, 2006. The Act, 2006 provides for an appeal against the order made under section 68 of the Act. However, since Appellate Tribunal had not been constituted, the aggrieved party namely the petitioner had no other option but to approach this Court under Article 226 of the Constitution of India. The High Court while entertaining the present writ petition granted an interim order in favour of the petitioner on certain conditions including deposit of part of the penalty imposed.
(2.) On behalf of the State, the Additional Government Advocate has informed the Court today that eight (08) Appellate Tribunals under section 70 of the Food Safety and Standard Act, 2006 have been constituted alongwith their territorial jurisdiction.
(3.) We are also informed that Presiding Officers of the Appellate Tribunal are to be appointed in consultation with Hon'ble The Chief Justice of the High Court, Allahabad. The matter in that regard was placed before Hon'ble the Chief Justice, who in term referred the same to the Administrative Committee of the High Court, Allahabad. The Administrative Committee as per its resolution dated 7.4.2014 has resolved that eight (08) District & Sessions Judge as mentioned in the resolution shall be the Presiding Officers of the Food Safety Appellate Tribunal as per their jurisdiction from the date of the issuance of the notification by the State Government for the purpose. This decision of the Administrative Committee has already been forwarded to the State Government for necessary publication of the notification so that the Appellate Tribunals may become functional. The arrangement so made by the High Court is continue till 31.12.2014 or till the appointment of the Presiding Officers of the Tribunals as per the Act, 2006 whichever is earlier.;