- (1.) Heard Mr. Brijesh Kumar Singh, learned counsel for the petitioner, learned counsel for the State-respondents and Mr. Amit Bose, learned counsel for the respondent no.5.
(2.) This is a writ of quo warranto raising question on the authority of respondent no.5-Vijay Bahadur Yadav to hold the post of Assistant Commissioner, Food Safety, State of U.P. since the respondent no.5 does not possess requisite eligibility to hold the post of Assistant Commissioner (Food Safety).
(3.) The matter of appointment/promotion to the post of Assistant Commissioner (Food Safety) in Food Safety and Drug Administration Department is governed under the Uttar Pradesh Food Safety and Drug Administration Department (Food Safety Cadre) (Group A, B and C) Service Rules, 2012. Rule 5 of the Rules, 2012 provides the source for appointment on the post of Joint Commissioner (Food Safety), Deputy Commissioner (Food Safety), Assistant Commissioner (Food Safety), Designated Officer, Chief Food Safety Officer and Food Safety Officer. The source of appointment to the post of Assistant Commissioner (Food Safety) is by way of promotion from amongst the Designated Officers, who have completed four years' service on the first day of recruitment through selection committee.;