IMPORTANT POINT
The manner of doing a particular act as prescribed under a statute must be followed, and an authority cannot assume a jurisdiction that has not been conferred upon it.

JUDGMENT :

The instant writ petition under Article 226 of the Constitution of India is preferred assailing the legality and validity of an Improvement Notice dated 02.01.2024 issued to the petitioner by the Food Safety Officer, Golaghat [the respondent no. 6].

2. The projected case of the petitioner is that the petitioner started a business at Mission Road, Golaghat for manufacture and distribution of packaged drinking water in 20 litres bottles in the year 2020. For the purpose of carrying out the business, the petitioner has got himself registered with the Commissionerate of Food Safety, Health & Family Welfare Department, Food Safety and Standards Authority of India [FSSAI] vide Registration Certificate no. 20320120000050. The Registration Certificate was issued on 19.06.2022 and the same has a validity period upto 27.06.2027. The petitioner started manufacturing and distributing packaged drinking water in 20 litres bottles in the name of ‘M/s Gogoi Group’. The petitioner has stated that apart from obtaining a trade licence from the jurisdictional Municipal Authority, that is, the Municipal Board, Golaghat, the petitioner has got the sample of his packaged drinking water analysed by the Food Analyst as required under the Food Safety and Standards [Food Products Standards and Food Additives] Regulations, 2011 and the Food Analyst after analyzing the sample had submitted a report that the petitioner’s sample was found satisfactory with respect to the test carried out.

3. When the petitioner is carrying out the manufacturing and distribution of packaged drinking water in 20 litres bottles under the brand name of ‘M/s Gogoi Group’, the petitioner has been served with the impugned Improvement Notice dated 02.01.2024 whereby the petitioner has inter alia been asked to produce Bureau of Indian Standards [BIS] Certificate and to apply for FSSAI Licence. By serving the said Improvement Notice, the petitioner has been asked to comply with the conditions mentioned therein within a period of 7 [seven] days. Aggrieved thereby, the petitioner has preferred the instant writ petition.

4. Heard Mr. A.R. Bhuyan, learned counsel for the petitioner; Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department, Assam for respondent nos. 1 to 6; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 7.

5. Mr. Bhuyan, learned counsel for the petitioner has submitted that the impugned Improvement Notice is being assailed on the ground that the said Improvement Notice has been issued by the Food Safety Officer, Golaghat, O/o the Designated Officer, Food Safety, Golaghat under the provisions of the Food Safety and Standards Act, 2006 [‘the FSS Act, 2006’, for short], who does not have the authority and jurisdiction to issue such an Improvement Notice. It is the contention that only a Designated Officer, appointed under the FSS Act, 2006 has the authority and jurisdiction to issue such an Improvement Notice.

6. Mr. Gogoi, learned Standing Counsel, Health and Family Welfare Department has submitted that as the petitioner is manufacturing and distributing packaged drinking water without compliance of the BIS Certificate, etc., the Improvement Notice has been served upon him. Mr. Gogoi after obtaining instructions received from the Commissioner of Food Safety, Health & Family Welfare Department, has fairly submitted that the Food Safety Officer is not the Designated Officer under the FSS Act, 2006.

7. I have considered the submissions of the learned counsel for the parties and have also perused the materials on record.

8. Chapter VII of the FSS Act, 2006 has mentioned about authorities responsible for enforcement of the provisions of the FSS Act, 2006. Section 32 of the FSS Act, 2006 has provided for issuance of Improvement Notice. As per sub-section [1] of Section 32, if a Designated Officer has reasonable ground for believing that any Food Business Operator [FBO] has failed to comply with any regulations to which S