Shri. C.H. Babu v. The Adjudicating Officer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/645/2023 Shri C. H. Babu Vs.

The Adjudicating Officer Mrs. G. Mini .... for the petitioner Mr. V. D. Sivabalan ... for the respondent March 13, 2025 [SR] Item No.9 1.

The decision of the Adjudicating Officer in imposing penalty is the subject matter of challenge in this writ petition. 2.

The learned counsel for the Administration has raised a preliminary objection with regard to the maintainability of the writ petition on the ground that any decision of the Adjudicating Officer can be challenged before the Food Safety Appellate Tribunal in terms of the notification dated 16th April, 2013. The Additional District and Sessions Judge, Andaman and Nicobar Islands is a Presiding Officer of the said Tribunal. 3.

Ms. G. Mini, learned advocate appearing for the petitioner submits that there is a violation of principles of natural justice as the procedure prescribed in Chapter III Rule 3.1.1(6), 7, 8 and 9 of the procedures to be followed during such adjudication.

4.

It prima facie appears that the documents relied upon by the authorities were not disclosed and a fair opportunity of hearing was not given to the petitioner.

5.

The report of the Food Analyst was not disclosed nor made available to the petitioner.

6.

On such consideration, this Court set aside the order of the Adjudicating Officer and directs the Adjudicating Officer to decide the matter following the procedure prescribed under Chapter III and any other procedure that may be required to be followed to arrive at a finding.

7.

It is made clear that this Court has not gone into the merits of the matter and the said decision is set aside on the ground that the procedure prescribed under Chapter III has not been properly followed.

8.

The Adjudicating Officer is directed to complete the entire process within a period of two months from the date of communication of this order.

9.

Since the affidavit is not called for, the allegations contained in the writ petition are deemed to have been denied by the respondents.

10.

The writ petition succeeds. However, there shall be no order as to costs.

( Soumen Sen, J. )