RAJESH SHANKAR, J. - (1.) The present writ petition has been filed for quashing the order dated 16.11.2015 passed by the Deputy Commissioner, Ranchi (respondent no. 3) in Food Safety and Standards Case No. 23 of 2014-15 whereby penalty of Rs. 1,00,000/- has been imposed upon the petitioner on the ground that the sample taken from the shop of the petitioner does not fulfill the prescribed standard of quality laid down under the Food Safety and Standards Regulation, 2011 (in short FS&S, Regulation, 2011).
(2.) The factual background of the case as stated in the writ petition is that the petitioner is the proprietor of "M/s. Vijay Ghee" registered under Food Safety and Standards Act, 2006 and its registration is valid up to March, 2018. The Food Safety Officer, Ranchi (respondent no. 5) filed a complaint before the respondent no. 3 on 16.02.2015 against M/s. Vijay Dairy, Garikhana, Kishore Ganj, Ranchi and one auto driver namely Ashok Ray, son of Mangal Ray, which was registered as FSS Case No. 23 of 2014-15. A notice was issued to the petitioner by the respondent no. 3 on 27.02.2015 in the name of Sanjay, M/s. Vijay Dairy, Garikhana, Kishoreganj, Ranchi though the petitioner is not the proprietor of M/s. Vijay Dairy and has no concern with the same. However, the petitioner in a bonafidely manner filed the show cause reply before the respondent no. 3 in the aforesaid case. The respondent no. 3 without considering the said show cause reply of the petitioner passed the impugned order. Hence, the present writ petition.
(3.) The learned counsel appearing on behalf of the petitioner while referring the show cause reply filed before the respondent no. 3 submits that the petitioner had no concern with Ashok Ray, son of Mangal Ray (driver of auto-rickshaw/tampo) as he was not the employee/staff of the petitioner. It is further submitted that despite the aforesaid factual plea taken by the petitioner in his show cause reply/rejoinder filed before the respondent no. 3, the impugned order dated 16.11.2015 has been passed without making any determination as to whether the said Ashok Ray was anyway connected or concerned with the petitioner. The application for adjudication filed by the Food Safety Officer, Ranchi on 16.02.2015 before the respondent no. 3 would clearly indicate that the sample of "Paneer" was collected from the auto-rickshaw driver Ashok Ray. The show cause reply/rejoinder filed by the petitioner before the respondent no. 3 would also show that the respondent no. 5 visited the petitioner's shop namely M/s. Vijay Ghee, Cart Sarai Road, Upper Bazar, Ranchi on 22.10.2014 and after serving the notice, collected the sample of "Ghee?" for analysis. No sample of "Paneer" as alleged was ever collected by the respondent no. 5 from the said shop of the petitioner. It has been specifically averred in paragraph-14 of the writ petition that the sample of "Paneer" has never been collected from his shop nor the said shop has been mentioned in Form V-A prescribed under the Food Safety and Standards Rules, 2011. However, without determining the said factual issue, the respondent no. 3 reached a finding that the sample of "Paneer" collected from the petitioner?s shop has not conformed the prescribed standards of quality laid down under the Food Safety and Standards Regulation, 2011 and thus a penalty of Rs. 1,00,000/- has been imposed upon the petitioner.;