Delhi High Court
Jagjit Singh vs Union Of India And Ors on 4 April, 2018
$~13
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5902/2012 & CM APPL. 12151/2012
% Date of decision : 4th April, 2018
JAGJIT SINGH ..... Petitioner
Through : Mr. K.C. Mittal, Mr. Amit
Prakash and Mr. Yugansh
Mittal, Advs.
versus
UNION OF INDIA AND ORS ..... Respondents
Through : Mr. Vivek Goyal, CGSC with
Mr. Rajeev Ranjan Shahi and
Mr. Harsh Pandit, Advs. for
UOI.
Mr. Jagjit Singh, Ms. Preet
Singh and Mr. Narayan Dev
Parashar, Advs. for Railways.
Mr. Mehmood Pracha, Mr.
R.H.A. Sikander and Mr.
Prateek Gupta, Advs. for
FSSAI/R-4 & 5.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This petition was filed by the writ petitioner on 11th September,
2012 seeking the following prayers :
"a. Issue a writ in the nature of mandamus directing the
respondents to immediately issue notifications in compliance
of Section 30, 36, 37, 43, 44, 45, 68, 70 & 90 of FSS Act 2006
for appointment of Commissioner of Food Safety, Designated
Officers (Dos), Food Safety Officers (FSOs); for Recognition
of Accreditation of laboratories, Food Analyst, Establishment
of Research Institutions and referral Food laboratory;
Recognition of Organisation and Agency; and to establish
prosecuting and adjudicating agency and Food Safety
Appellate Tribunal, at micro level to monitor and check the
food adulteration, day and night, at various Railway stations,
in passengers and goods trains, pantry cars, other food
outlets in Railway area, operated by private contractors or
IRCTC or food plazas including unauthorized vendors and
canteens run by Railways.
b. Issue a writ in the nature of mandamus directing the
respondents to implement all the recommendations and
proposals emphasized by CEO in their meeting dated
20.09.2011 and also consider the representations and
proposals sent by the petitioner and Railway Federations to
create adequate infrastructure to deal with the menace of
food adulteration at micro level commensurating to the mega
nature of Railway network, which is widespread all over the
country, details of which are mentioned in the petition.
c. Issue a writ in the nature of mandamus directing the
respondents to notify local areas for purposes of
implementation of the Act so as to confer power for lifting of
samples, their analysis and for prosecution in accordance
with law."
2. The petitioner has impleaded the following as party
respondents:
"i) Union of India & Ors.
Through Secretary, Ministry of Railways
Rail Bhawan, New Delhi.
ii) Chairman
Railway Board,
Ministry of Railways
Rail Bhawan, New Delhi.
iii) Director General (Railway Health Services)
Railway Board
Ministry of Railways
Rail Bhawan, New Delhi.
iv) Commissioner/Chief Executive Officer
Food Safety and Standards Authority of India
FDA Bhawan, Kotla Road
New Delhi.
v) Director (Enforcement)
Food Safety and Standards Authority of India
FDA Bhawan, Kotla Road
New Delhi.
vi) Union of India
Through Secretary, Ministry of Health
and Family Welfare
Nirman Bhawan
New Delhi."
3. Pursuant to the notice to show cause issued on 19th September,
2012, separate affidavits stand filed on behalf of the respondent nos.1
to 3 on the one hand and respondent nos.4 to 6 on the other.
4. The respondent nos.1 to 3 have filed a further affidavit dated
25th May, 2017 placing before this court a copy of the Catering Policy
notified in the year 2017. This affidavit also states that the Food
Safety and Standards Act, 2006 has been notified and implemented all
over the network of the Indian Railways w.e.f. 15th of August 2011 as
also the rules and regulations ('FSS Act, 2006 Rules and Regulations'
hereafter) regarding licensing, maintenance and up-keeping of food
installations after detailed deliberations with the officials of the Food
Safety & Standards Act. In this regard, these respondents have on
affidavit stated as follows :
"2. The New Food Safety & Standard Act (FSSA) has
been notified and already been implemented all over India
Railways with effect from 05.08.2011, with all its the rules
and regulations regarding licensing of food installations,
maintenance and up-keeping at the places of foods implement
after detailed deliberations with officials of Food Safety &
Standard Act. As per said Act rules and regulations :-
a. Regular inspections of the food installation are
carried out by the designated Food Safety Officers and
samples are taken for laboratory test etc. and they send
the samples to the notified National Accredited
Laboratories for testing. The laboratories are notified
by FSSA. Hygienic food preparation are being
maintained at the licensed food installations.
b. The Food Safety Officers, in compliance to the
instructions of FSSAI are ensuring implementation of
FSSAI and are responsible for inspections and taking
samples.
c. The designated officers supervises and directs
the FSOs to look after the licensing work, organize
training programmes as per the directions of Food
Safety and Standards Authority of India and is
responsible for communicating with the Commissioner.
e. Regular workshops cum conferences on Food
Safety are being held wherein Joint Food Safety
Commissioners, Designated Officers and Food Safety
Officers attended the same.
f. To bring total change in the Catering Services
and Food Services provided by Railways, Catering
Policy, 2017 has been framed and notified and
important changes have been made to ensure good
and hygienic food is served at Railway. Copy of
Catering Policy, 2017 is being enclosed as
ANNEXURE A-1
g. Strict provisions were made in the Standard Bid
Documents, for award of various catering units, to
comply with FSSAI and other statutory norms of food
safety as prescribed from time to time.
h. A Steering Committee of senior level officers at
Railway Board level including members of Food Safety
Commissioner of Delhi Region and
Director/Regulatory Compliance of Food Safety &
Standard Authority of India has been formed.
i. It has been stated by Tourism & Catering
Directorate of Railway Board that during 2016 from
01/01/2016 to 31/12/2016, out of the total complaints,
536 no. of complaints related to poor quality food have
been registered in Catering Services Monitoring Cell,
Railway Board, wherein a fine of Rs.1,72,13,199/- has
been imposed on the licensee. During the same period
a number of 41148 inspections have been carried out
by the railways and IRCTC of catering services.
j. It has further been stated by Tourism & Catering
Directorate of Railway Board that the kitchens set
up/developed/refurbished by IRCTC shall be
modernised and mechanized. IRCTC shall ensure that
the kitchens acquire valid ISO certification within the
specified fixed time period including compliance of all
statutory guidelines and food safety norms issued from
time to time."
(Emphasis supplied)
5. We find that the respondents have also placed on record a
Commercial Circular No.20/2017 issued on 27th February, 2017 by the
Ministry of Railways, annexed with the reply, wherein the respondents
have made the following announcement regarding the management of
catering services which have been introduced in a phased manner after
the notification of the catering policy :
"Hon'ble MR during Rail Budget 2016-17 has announced as
under :-
"69(i) IRCTC would begin to manage catering
services in a phased manner. IRCTC would
unbundle catering services by creating a distinction
primarily between food preparation and food
distribution.
69(iv) Adding 10 more IRCTC operated,
mechanized, sophisticated base kitchens to ensure
fresh and hygienic supply of food on trains."
6. It is to be noted that the Catering Policy, 2017 and these
Circulars are not the subject matter of any challenge by the writ
petitioner.
7. So far as the respondent nos.4 and 5 are concerned, they have
filed a status report on the 25th of May 2017 pointing out the
essentiality for designating the officers under the Act. The respondent
nos.4 and 5 have pointed out that several steps have been taken with
regard to the notification of officers in the Indian Railways for
implementation of the provisions of the 'FSS Act, 2006 Rules and
Regulations'.
8. The respondent nos.4 and 5 in their counter affidavit have made
detailed submissions with regard to not only the officers who stand
notified but also reference to the National Accreditation Board for
Testing and Calibration Laboratories (NABL), accredited laboratories
referral laboratories which have been notified for discharging the
functions and responsibilities under the Act.
9. In para 2 of the affidavit, the following notifications appointing
the authorities have been pointed out :
"(i) Director (Health & Family Welfare), Indian Railways
Order has been notified on 25th February 2016 as Joint Food
Safety Commissioner for Indian Railways under sub-section
(5) of Section (10) read with sub-section (3) of Section 30 of
FSS Act, 2006. A copy of the order dated 25th February,
2006 is annexed herewith.
(ii) Designated Officers under Sub-Section (5) of Section
10 read with Section 36 of the Food Safety and Standard
Act, 2006 have been appointed for Southern Railways,
Northeast Frontier Railways, South Western Railways,
Northern Railways, East Central Railway, Western Railway,
North Western Railway, North Central Railway. Copies of
the orders dated 24.08.2015, 15.07.2015, 07.10.2015,
05.07.2016 and 07.09.2016 are annexed herewith.
(iii) Food Safety and Standard Authority of India vide
No.F.1(42) 2011/Railways/FSSAI (Part-1) dated 18th April,
2017 notified 56 Food Safety Officers for various zones in
India under Section 37 of the FSS Act, 2006. A copy of the
Notification bearing No.F.1(42)2011/Railways/FSSAI (Part-
1) dated 18th April, 2017 is annexed herewith .
(iv) Food Safety and Standard Authority of India has vide
notification S.O.3648 (e) dated 6th December, 2016 under
sub-section (1) of Section 43 of the Food Safety and
Standards Act, 2006 notified 125 laboratories that have been
accredited by the National Accreditation Board for Testing
and Calibration Laboratories. A cop of the Notification
bearing No.S.O.3648 (E) dated 6th December, 2016 is
annexed herewith."
(Emphasis by us)
10. Mr. K.C. Mittal, ld. counsel for the petitioner submits that the
respondent nos.4 and 5 have addressed a letter dated 29 th October,
2015 to the Railways pointing out certain shortcomings. He has
submitted that the CAG report of 2017 has also pointed out certain
shortcomings in the functioning of the Railways.
11. It is submitted by Mr. Jagjit Singh, ld. counsel for the Railways
that all shortcomings which are pointed out by any authority are taken
very seriously and are addressed by the Indian Railways. Mr. Jagjit
Singh submits that in fact the Railway Policy of 2017 is a
comprehensive document which has taken all aspects in consideration.
12. It is submitted that the Railways is regularly undertaking
inspections, sampling, testing and regulation.
13. It is expected that the respondent nos.1 to 3 will promptly
consider and address any other shortcomings which are noticed or
pointed out.
14. We also find that apart from the general allegations premised on
newspaper reports made in the writ petition, there are no specific
incidents of malpractice which have been pointed out after the policy
of 2017 came into force. In case, the petitioner points out any specific
incident or shortcoming on the part of the Indian Railways, it is open
for the petitioner to inform the respondents who shall take action on
the same.
This writ petition and pending application are disposed of in the
above terms.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
APRIL 04, 2018
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