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Pdf Upload-359440.Pdf WWW.LIVELAW.IN 1 HE S t4 : HIGH COURT FOR THE STATE OF TELANGANA /+"":-. AT HYDERABAD c WEDNESDAY, THE TWENTIETH DAY OF MARCH, lotk r, TWO THOUSAND AND NINETEEN :PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HqNOURABLE SRJ JUSTICE A. RAJASHEKER REDDY PIL.No: 2L9 of 2OLS Between: News Item under the caption "'PANDU..PANDU...PANDU.. AROGYAM PUNDU RASAYANAM THANI PEFU" (Pruit..Fruit..Fruit.. Health Wound' CHEMICAL ITS NAME)" is published in Eenadu Telugu Daily News Paper, dated 10.08.2015 ..... Petitioner AND 1 The Union of India represented by its Secretary, Ministry of Health and Famiiy Welfare, New Delhi. 2 The State of Telangana, represented by its Chief Secretary, Secretariat, Hyderabad. 3 The State of Andhra Pradesh, represented by its Chief Secretary, Secretariat, Hyderabad. 4 The Director General of Police, State of Telangana, Hyderabad. 5 The Director General of Police, State of Andhra Pradesh, Hyderabad. 6 The State of Telangana, represented by its Principal Secretary, Agriculture Marketing and Cooperation Department, Hyderabad. 7 The State of Telangana, represented by its Principal Secretary, Agriculture Marketing and Cooperation Department, Hyderabad. 8 The State of Telegana, represented by its Principal Secretary, Health, Medicai and Family Welfare Department, Secretariat, Hyderabad. 9 The State of Andhra Pradesh, represented by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. 10 The Commissioner of Health and Family Welfare, Institute of Preventive Medicine, Public Health Labs and Food Administration, State of Telangana, Narayanaguda, Hyderabad. 11 The Commissioner of Health and Family Welfare, Institute of Preventive Medicine, Public Hea-lth Labs and Food Administration, State of Andhra Pradesh, Narayanaguda, Hyderabad. 12 The Director of Public Health and Family Welfare, Hyderabad. 13 The Commissioner of Police, Hyderabad, Hyderabad. 14 The Commissioner of Police, Cyberabad, Hyderabad. 15 The State of Telangana, represented by its Pr1. Secretary, Labour Department, Secretariat, Hyderabad. 16 The Commissioner, Labour Department, Hyderabad. 17 The District Collector, Rangareddy District. 1B The District Collector, Hyderabad. 19 Food Safety and Standard Authoricy of India, FDA Bhavan, rep. by its Secretary, Near Bal Bhavan, Kotla Road, New Delhi - 110002. 20 Commissioner of Food Safety, State of Telangana, Institute of Preventive Medicine, Public Health Labs and Food Admin., Narayanaguda, Hyderabad - 500029. 21 Commissioner of Food Safety, State of A.P., Institute of Preventive Medicine, Public Health Labs & Food (Health) Admn., Narayanaguda, Hyderabad - 500029. 22 Tl:e Secretary, Andhra Pradesh State Public Service Commission New Government Office Building 2nd Floor, M.G. Road (Bandhar Road), Opp: Indira Gandhi Municipal Complex, Vijayawada - 520 010. 23 The Secretary, Telangana State Public Service Commission, Nampally, Hyderabad (r.s.) (R-19 to 2L are impleaded as per Court Order dated O2-O9-2O15 in PIL) (R-22 to 23 are suo Motu impleaded as per Court Order dated L7 lOZ l2OLa in WP (PIL|No. 219 of2Ol5 .....Respoudents WWW.LIVELAW.IN Petition under Article 226 of the Constitution of India praying that in the News Item published in Eenadu Telugu daily News paper, dated 10.08.2015, "under the caption Pandu.. Pandu... Chemical its Name' this Hon'ble High Court has taken the same as Public Interest Litigation a4d the High Court may be pleased to issue an Order, direction, or a writ, more particularly one in the nature of Writ of Mandamus to call for remarks from respondents herein relating to use of prohibited chemicals in ripening fruits in Gaddi Annaram fruit market, Hyderabad and at several other places in both the States leading to health hazard of the general public and to the labour engaged in mixing the prohibited chemicals in the fruits and thereby causing violation of the Right to Life under Article 2 1 of the Constitution of India, and consequently, direct the respondents to take necessary and appropriate action against the persons indulging in public health hazard and further to take preventive action. t The petition colning on for hearing, upon perusing the Petition and New ltem dated 10-08-2015 filed hbrein and the order of the High Court dated 14-B-2O15, 19-08-2015, 02.09.2015, 16.09.2015,13.10.2015,08.02.2016,O4.O4.20t6,25.4.2016,08.06.2016, 19 .12.2017 and 17 .07 .2018 made herein and upon hearing the arguments of Sri S.Niranjan Reddy, leamed Amicus Curiae and learned Special Government Pleaders for the States of A.P. and Telangana, the Court made the following: ORDER: The learned Standing Counsel for the Telangana State Public Service Commission (TSPSC) submits that the TSPSC has received intent from the Government for initiating the selection process for recruitment of Food Safety Officers. lt is submitted that 36 posts of Food Safety Officer are newly created. He, however, submits that in view of the ratio to be maintained between the local candidates and others in terms of the Presidential Order, further clarificatory order is required. But, we do not see so. Once the Presidential Order is there, it is for the TSPSC and the Government to operate in accordance with law. Obviously therefore, the intent made by the Government for selection has to be carried forward by TSPSC by applying the contents of the Presidential Order. Let notification be issued by the TSPSC and action be proceeded with in accordance with law at the ea rliest. 2. Apart from the aforesaid directions to the TSPSC, we noticed that the number of posts that have been created now is on the basis of certain suggestions made atleast two years ago. Obviously therefore, the State of Telangana is directed to consider creating more number of posts so that further notification shall be issued by the TSPSC, thereby, leading to enhancing the number of posts of Food Safety Officers, who have to manage the employees relating to Food Safety at the ground level, 3. A large issue relating to challenges in the Food Safety sector is the use of carbide' 4. We see that all stake holders before us including the Government support the submission of the learned Amicus Curiae that carbide is seemed to be used excessively to ripen different fruits and also manage other fruits and vegetables for human consumption. This is totally impermissible. lt is forbidden by law. Use of carbide is confined to industrial purposes only. 5. We record the submission of the learned Special Government Pleader that sale of carbide in Telangana State already stands prohibited. -3- WWW.LIVELAW.IN 6. What now needs to be done is to ensure that carbide does not reach any hand, which is not duly authorized to possess it. Use of carbide is legally permissible as confined to the industrial sector. Therefore, law contains the prohibition that carbido shall not be used in any purpose except industrial purpose. This includes all activities other than those rivhich are purely industrial as duly permitted by law. Therefore, the State Government will take immediate action to take adequate steps in accordance with law against any person found to be in possession of carbide other than those as permitted by law. 7. A report in this regard shall be filed by the eighth respondent. ( t_ Post on 23.04.2019. ,.'' I Sd/- T. RANGA t ASSIS STRAR //rRutr COPY I I I PoT ASSISTANT REGISTRAR To 1 The Secretary, Ministry of Health and Family Welfare, Union of India, New Delhi. 2 The Chief Secretary, State of Telangana, Secretariat, Hyderabad. 3 The Chief Secretary, State ofAndhra Pradesh, Secretariat, Hyderabad. 4 The Director General of Police, State of Telangana, Hyderabad. 5 The Director General of Police, State ofAndhra Pradestr, Hyderabad. 6 The Principal Secretary, Agriculture Marketing and Cooperation Department, State of Telangana Hyderabad. 7 The Principal Secretary, Agriculture Marketing and Cooperation Department, State of A.P., Hyderabad. 8 The Principal Secretary, Health, Medical and Family Wr:lfare Department, State of Telegana, Secretariat, Hyderabad. 9 The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, Secretariat, Hyderabad. 10 The Commissioner of Health and Family Welfare, Institute of Preventive Medicine, Public Health Labs and Food Administration, State of 'I'elangana, Narayanaguda, Hyderabad. 1 I The Commissioner of Health and Family Welfare, Institute of Preventive Medicine, Public Health Labs and Food Administration, State of Andhra Pradesh Narayanaguda, Hyderabad. 12 The Director of Public Health and Family Welfare, Hydr:rabad. 13 The Commissioner of Police, Hyderabad, Hyderabad. 14 The Commissioner of Police, Cyberabad, Hyderabad. 15 The Principal Secretary, Labour Department, State of Telangana, Secretariat, Hyderabad. 16 The Commissioner, Labour Department, Hyderabad. 17 The District Collector, Rangareddy District. 18 The District Collector, Hyderabad. 19 The Secretary, Food Safety and Standard Authority of India, FDA Bhavan, Near Bal Bhavan, Kotla Road, New Delhi - 110002. 20 The Commissioner of Food Safety, State of Telangana, lnstitute of Preventive Medicine, Public Health Labs and Food Admin., Narayanaguda, Hyderabad - 500029. 21 The Commissioner of Pood Safety, State of A.P., Institute of preventive Medicine, Public Health Labs & Food (Health) Admn., Narayanaguda, Hyderabad - 5OOO29. 22 The Secretary, Andhra Pradesh State Public Service Commission New Government office Building 2"a Floor, M.G. Road (Bandhar Road), opp: Indira Gandhi Municipal Complex, Vijayawada - 52O O10. 23 The Secretary, Telangana State Public Service Commis:sion, Nampally, Hyderabad (r.s.) 24 Two ccs to the Advocate General (state of relangana), High court at Hyderabad. 25 Two CCs to the Advocate General (State of A.P.), High Court at Hyderabad. WWW.LIVELAW.IN -4- 26 Two CCs to Sri D. Ramesh, Special Government Pleader (State of A.P.), High Court at Hyderabad. 27 Two CCs to the Special Government Pleader (State of Tr:langana), High Court at Hyderabad. (OUT) 28 One CC to Sri B. Narayana Reddy, Assistant Solicitor General, High Court of Judicature at Hyderabad (OPUC) 29 One CC to Sri S.
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