Durga Prasad Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 49 of 2018

1. Durga Prasad Kushwaha S/o Late Shri Rampal Kushwaha Aged About 34 Years R/o Behind Government School, Madhuban Road , Dayalband , Bilaspur, Police Station City Kotwali District Bilaspur Chhattisgarh.

2. Vinod Tiwari S/o Shri Lalta Prasad Tiwari Aged About 39 Years R/o Vidhansabha Road, Mowa, Raipur , Police Station Pandari Mowa District Raipur Chhattisgarh.

---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary Department Of Health Mahanadi Bhawan Manatrlaya New Raipur District Raipur Chhattisgarh.

2. The Controller Food And Drugs And Cosmetic Administration, Block - 1, 4 Th Floor, Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh.

3. Dr. Ajay Shankar Kannoje, Assistant Commissioner , Department Of Food And Durg Administration , Fourth Floor, Block 1, Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh.

4. Dr. Ashwini Kumar Dewangan, Assistant Commissioner , Department Of Food And Durg Administration , Fourth Floor, Block 1, Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh.

---- Respondents For Petitioners : Shri Prateek Sharma, Advocate.

For Respondent/State : Shri A.S.Kachhwaha, Additional Advocate General. For Respondents 3 & 4 : Shri Amrito Das, Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per Ajay Kumar Tripathi, Chief Justice 04/12/2018 1.

Heard learned counsel for the Petitioners and the learned counsel for the Respondents.

2.

From the latest affidavit filed on behalf of the State authorities, it is evident that steps have been taken by initiating process for brining about suitable amendment in the recruitment rules etc. for filling up the posts under the

Food Safety and Standards Act, 2006 (for short 'the Act'), as amended from time to time.

3.

It goes without saying that no sooner the new government is put in place, the proposals which have been reflected in the communications as part of Annexure D/1 and D/2 will be taken forward.

4.

The anxiety expressed on behalf of the Petitioners that the State is failing to put the mechanism in place for full and proper enforcement of provisions of the Act, will surely be not lost upon the State authorities. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit