- (1.) Epitomizing a very gloomy picture of the functioning of the Medical & Health Department of the State, more particularly with reference to Barmer District, attributing total apathy and callousness on part of Food Inspectors for observance of Food Safety and Standards Act, 2006 (for short, 'Act of 2006') and the Rules made thereunder, the petitioner has laid this writ petition with the under-mentioned prayers: a) By an appropriate; writs, orders or directions of this Hon'ble Court, the respondent no. 1 to 4, may kindly be directed, to immediately post a suitable Food Safety Officer alongwith allied staff, in Barmer, in place of respondent no. 5, and to accordingly issue direction for carrying out necessary checking of food articles of all the sweet shops and other food business operators, without any discrimination and it may also kindly be directed that, whenever any food checking of food articles from petitioner's sweet shop is carried, transparency and fairness may kindly be maintained and result of the checking may kindly be supplied to petitioner. b) By an appropriate; writs, orders or directions of this Hon'ble Court, the respondent no.1 and 2, may kindly be directed to make suitable arrangements for augmentation of sufficient staff of Food Safety, in Barmer, so as to ensure proper implementation of Provisions of Food Safety and Standards Act, 2006 and Rules of 2011. c) By an appropriate; writs, orders or directions of this Hon'ble Court, the respondent no. 1 to 4, may very kindly be directed to uniformly take action to implement the provisions of the Act of 2006 and Rules of 2011, in the matter of food checking of all the food institutions, without causing any discrimination, in Barmer district, as well in whole of Rajashan, so as to ensure that, no health hazards is occasioned, to public. d) By an appropriate writ, order or directions, in the nature thereof, the respondent no. 1 to 4, may very kindly be directed to constitute a committee, for carrying out suitable enquiry/assessments of the food checking of food centers, in Barmer, for last 5 years, so as to know, whether the provisions of the Act of 2006 and Rules of 2011, are being meticulously adhered to, in true letter and spirits, by the food safety officers, deputed by the Government. The said result of the enquiry/assessment, may kindly be directed to be placed on record, before this Hon'ble High Court, for passing further necessary orders. e) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this, may kindly be passed in favour of the petitioner.
(2.) For carving the omnibus reliefs mentioned to supra, petitioner has averred in the writ petition that he is running a shop of sweets at Barmer in the name of Jeevan Mishthan Bhandar while faithfully adhering to the provisions of the Act of 2006. Projecting a very embellished version about the quality of sweets and other eatables prepared in his shop, the petitioner has submitted that in the entire Barmer area only one Food Safety Officer i.e. Food Inspector, respondent No.5, has been deputed by the Government for requisite checking and collecting of samples of eatables in terms of the Act of 2006 and Rules framed thereunder. The petitioner has also made an attempt to question the very appointment of the fifth respondent by alleging that he is not qualified for the said post. Concern of the petitioner is that non-observance of the regulatory provisions contained under the Act of 2006 is likely to create many problems for the residents of Barmer District including serious health problems. It is asserted by the petitioner that one Food Inspector cannot carry out regular checking and collect samples for the entire area to verify quality of food products and eatables. Attributing oblique motives to the fifth respondent, the petitioner has submitted that he is harassing him by repeatedly checking his shop and taking samples of food articles and eatables while ignoring his just obligation to check other shops of food articles and eatables. The petitioner has very specifically averred that the fifth respondent has not made any endeavor to take samples of more than fifty sweet shops and when he made endeavor to solicit requisite information from the office of Chief Medical & Health Officer, Barmer by resorting to RTI, information was not divulged to him. With all these allegations, the petitioner has submitted that even his genuine grievances have not been appreciated by the appellate authority under the RTI Act and his crusade against the problem of health hazards in Barmer District is not yielding the desired results. For redressal of grievances, according to the petitioner, he has served a notice for demand of justice attributing many insinuations against the respondents including arbitrary and illegal action on their part but the same has not been responded.
(3.) Learned counsel Mr. Sharma has submitted that the Act of 2006 imposes responsibility on the food business operators to ensure that food processed, manufactured, imported, or distributed is in conformity with the domestic food laws and therefore its implementation is to be carried out by the respondents with utmost expediency to prevent health hazards and many other problems of malnutrition.;