Ram Bachhan Singh Vs the State of Jharkhand and Ors. — Jharkhand HC (2024) — LawSathi Research

Ram Bachhan Singh Vs the State of Jharkhand and Ors. — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to agitate his grievances before the Appellate Forum within one month, with delay in filing the appeal to be condoned if filed within that period; amounts deposited by the petitioner to be returned if the appeal is allowed.

Issue for consideration

Whether the writ application is maintainable when an Appellate Forum (Tribunal) has already been constituted, with power vested in the Court of Additional Judicial Commissioner within the Judgeship of Ranchi. +1 more

Court's answer

Since the Appellate Forum has already been formed, the writ application is not maintainable and is accordingly dismissed.

Ratio / Principle

The petitioner is at liberty to agitate his grievances before the Appellate Forum within one month, and if the application is filed within that period, the Appellate Forum shall condone the delay in filing the appeal.

Key takeaways

The amounts deposited by the petitioner shall be returned to him if his appeal before the Appellate Forum is allowed.ratio¶21

Detailed headnote1 paragraphs

Writ petition seeking quashing of the order dated 28.06.2014 passed by the Adjudicating Officer-cum-Deputy Commissioner, Ranchi in Food Safety & Standards Case No. 57/2013-14, whereby a penalty of Rs. 3.00 lakh was imposed on the petitioner after the Food Analyst found the peda sample (800 gms., purchased for Rs. 240/-) adulterated with starch as extraneous matter: HELD, since a Tribunal has been created to act as the Appellate Forum with power vested in the Court of Additional Judicial Commissioner within the Judgeship of Ranchi, the writ application is not maintainable and is dismissed. The petitioner is permitted to agitate his grievances before the Appellate Forum within one month, the delay in filing the appeal shall stand condoned if filed within that period, and the amounts deposited (50% of the penalty, deposited on 01.03.2017 pursuant to the interim order dated 28.11.2016) shall be returned to him if the appeal is allowed.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 6150 of 2014

Ram Bachhan Singh ----Petitioner

Versus

The State of Jharkhand

Adjudicating Officer-cum-Deputy Commissioner, Ranchi

Prescribed Officer-cum-Designated Officer-cum-Additional Chief Medical Officer-I, Ranchi

Sri Sanjay Kumar, Food Safety Officer, Civil Surgeon’s Office, Ranchi

----Respondents

CORAM: Hon’ble Mr. Justice Ambuj Nath

For the Petitioner: Mr. A.K. Sahani & Mr. Ajit Kumar, Advocates For the Resp.-State: Mr. Arun Kr. Dubey, A.C to G.P-III

10 / 07.02.2024 Petitioner has filed this writ application for quashing of order dated 28.06.2014, passed by the Respondent No. 2-Adjudicating Officer-cum-Deputy Commissioner, Ranchi in Food Safety & Standards Case No. 57/2013-14, whereby and wherein, a penalty of Rs. 3.00 lakh has been imposed upon the petitioner.

Aforesaid case was tried in the Court of Adjudicating Officer-cumDeputy Commissioner, Ranchi, alleging therein that the complainant-Food Safety Officer had purchased 800 gms. of peda for the purpose of analysis on payment of Rs. 240/- from the sweetmeat shop of the petitioner. Thereafter, Memorandum in Form VI was prepared and part of the sealed sample along with Form VI was sent to the Food Analyst for analysis. Report of the Food Analysis revealed that Peda was adulterated as starch was present as extraneous matter. After conclusion of the proceeding, the Respondent No. 2 found the petitioner guilty and imposed a fine of Rs. 3.00 lakh upon him.

Petitioner has come before this Court against this order.

Learned counsel appearing on behalf of the Respondent drew the attention of the court towards the fact that Tribunal has already been created to act as an Appellate Forum and the power has been vested in the Court of Additional Judicial Commissioner within the Judgeship of Ranchi.

Learned counsel for the petitioner submitted that in view of the order dated 28.11.2016 passed in this writ application, petitioner had deposited 50% of the penalty amount before the competent authority on 01.03.2017.

Considering the fact that the Appellate Forum has already been formed, this writ application is not maintainable. Accordingly, it is dismissed.

Petitioner, if so advised, may agitate his grievances before the Appellate Forum within one month. If the application is filed within month, the Appellate Forum shall condone the delay in filing of the appeal before it. The amounts so deposited by the petitioner shall be returned to him, if his appeal is allowed.

(Ambuj Nath, J)

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