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2019 DIGILAW 1284 (HP)

Madhu Bala v. District & Sessions Shimla

2019-09-02

DHARAM CHAND CHAUDHARY, JYOTSNA REWAL DUA

body2019
JUDGMENT : Jyotsna Rewal Dua, J. Challenge has been laid by the petitioner to the orders issued by the respondents, cancelling her licence to run the canteen in Judicial Courts Complex, Theog and directing her to hand over the vacant possession of the canteen. 2. (I) The husband of the petitioner was running the canteen in Judicial Courts Complex, Theog, for the years ending March, 2015 to March, 2017. Licence to run the canteen thereafter was granted to the petitioner for the years ending March, 2018 and March, 2019. 2(ii) On 06.03.2019, applications were invited from the persons interested to run the aforesaid canteen for the year ending March, 2020. This notice dated 06.03.2019 (Annexure P-1) inter-alia, contained a stipulation:- " ..... Licence for running canteen shall ordinarily be for year ending March, 2020, but Canteen Committee can enhance/reduce such period. Rate of license fee shall be Rs. 900/- per month...." 2(iii) Pursuant to the process initiated under the notice dated 06.04.2019, the petitioner on 01.05.2019 (Annexure P-2), was granted licence to run the canteen in Judicial Courts Complex, Theog w.e.f. 01.05.2019 to 31.07.2019. The grant of licence was subject to various terms and conditions. Some of them being relevant are reproduced hereinafter for the sake of convenience:- "8. That Canteen premises shall be furnished by the licnesee before starting Canteen and crockery and cutlery shall be provided by her for customers as may be prescribed by the Committee from time to time. 9. That it shall be obligatory on the part of applicant to prepare/serve hot and cold beverages and food stuffs of good quality. The beverages ad food stuffs may be checked from time to time by the member(s) of the Committee or any responsible office authorized by the Committee or with the help of Food Inspector of area. 10. That applicant will maintain cleanliness of premises and shall keep utensils, crockery etc. in hygienic and presentable condition." 2(iv)(a) Condition No.13, authorized the District & Sessions Judge, Shimla in consultation with Inspection Committee, to terminate the licence to run the canteen, even before the expiry of the licence period, in case of breach of any terms and conditions contained in the grant order, on service of 24 hours notice. The condition is reproduced hereinafter:- "13. The condition is reproduced hereinafter:- "13. That licence may be terminated at any time before expiry of period by the District and Sessions Judge, Shimla in consultation with the Committee on service of 24 hours notice on breach of any terms and conditions laid herein-above or by giving one month’s notice to the District and Sessions Judge, Shimla and in case of termination of licence before expiry of full period licence except in the ode as provided here-in-above amount of security shall be liable to be forfeited to the District and Sessions Judge, Shimla." 2(iv)(b) The inspection of the canteen was to be carried out by the Inspection Committee, which was to submit a fortnightly inspection report with respect to cleanliness and hygienic conditions of the canteen as well as about the rates/price of the beverages and food stuffs charged by the licensee. The condition in this regard reads as under:- "15. The Inspection Committee constituted vide office order No. 13404-7, dated 6th September, 2018, is directed to inspect the Canteen and submit the fortnightly report through Senior Civil Judge- cum-ACJM, Theog to the Committee with regard to cleanliness and hygienic conditions of Canteen and also about rates/price of beverages and food stuffs charged by licensee." 2(v)(a) In compliance to condition No.15, fortnightly inspections of the canteen were carried out by the Committee for the first fortnight of May, 2019 vide Annexure R-1/E dated 16.05.2019, second fortnight of May, 2019 vide Annexure R-1/F dated 01.06.2019, first fortnight of June, 2019 vide Annexure R-1/G dated 17.06.2019, second fortnight of June, 2019 vide Annexure R-1/H, dated 01.07.2019 and first fortnight of July, 2019 vide Annexure R-1/I, dated 18.07.2019. All these inspection reports are replete with serious short-comings on part of the petitioner in running the canteen, some of which can be noticed hereinafter:- Canteen and its kitchen were not properly cleaned; wash basin was not found clean; utensils used for serving eatable items were found to be unclean and not in presentable condition; water buckets were dirty, full of dust; cigarette stubs were scattered in the canteen; disposable glasses were being reused for serving water and tea ; used tea leaves were being used over and over again; all food items were not available during inspections; no beverage item was served; proper hygiene was not maintained for keeping food items; floor and tables were unclean; fridge was not properly cleaned; domestic gas cylinder was being used for preparing food items, preparations were also not good; dustbin was filled over the brim with garbage, emitting foul smell; the Bar members and court staff also complained to the Committee that they being not satisfied with food quality and the cleanliness of the canteen, were not availing it's facility. 2(v)(b) All the above inspection reports had been brought to the notice of the petitioner by the respondents, however, short-comings were not removed. Rather these re-surfaced in the subsequent inspection reports. The Show Cause Notice was issued to the petitioner on 14th May, 2019 (Annexure P-7) as to why her licence be not revoked in accordance with Judicial Courts (Regulations and Maintenance) Rules, 1984, for having failed to run the canteen in good condition as per stipulations contained in the grant order. This was followed by another Show Cause Notice dated 01.07.2019 (Part of Annexure P-7). Copies of inspection reports were also appended along with notices. The petitioner responded to the notice dated 01.07.2019 and controverted the allegations vide her reply dated 06.07.2019 (Annexure P-8). Whereafter, a surprise inspection of the canteen was carried out by the District & Sessions Judge, Shimla-respondent No.1 along with Additional District & Sessions Judge (CBI), Shimla and Senior Civil Judge- cumACJM, Theog on 17.07.2019 in presence of the petitioner and found following deficiencies in the canteen:- "1. The dishes were not cleaned with dish-cleaning agents. 2. There was no provision to provide clean drinking water. Water running from the tap is being served for drinking. 3. Food items were found stored in the refrigerator in unhygienic condition. The dishes were not cleaned with dish-cleaning agents. 2. There was no provision to provide clean drinking water. Water running from the tap is being served for drinking. 3. Food items were found stored in the refrigerator in unhygienic condition. The refrigerator was dirty and it appeared that it was not cleaned for the last many days. 4. The utensils used for cooking the food were found dirty and not properly washed. 5. Foul smell was emanating from the canteen. The floor and wash-basin were dirty and were not cleaned for the last many days. 6. Domestic cylinder was being used for cooking the food. 7. The rate list of eatable items was not displayed. When the licence holder was asked, she said that the said list was not supplied. However the contract was awarded t her for three months on the basis of lowest price quoted by her. Even she could not give satisfactory answer as at what rates the eatable items were being sold. 8. The eatable items were displayed without any cover. 9. Food quality was not found good. 10. Workers were not employed. 11. As per the Food Safety and Standard Act, 2006, the persons running the canteen are required to get their medical examination, but no such report has been submitted despite being asked by the office. She has not engaged any helper for the service to the customers. 12. The photographs of the canteen were also taken and placed on record." 2(vi) Finding that licence holder was playing with the lives of people by providing unhygienic food and had failed to improve the cleanliness standard even after the short-comings repeatedly noticed by the Inspection Committee in its reports dated 16.05.2019, 01.06.2019, 17.06.2019 and 01.07.2019, were pointed out to her; despite issuance of notices to her, neither the quality of food nor the cleanliness was improved; resultantly, on 22.07.2019 (Annexure P-3), the licence granted to the petitioner to run the canteen was revoked by the respondents under Rule 23 (a) of the Judicial Courts (Regulations and Maintenance of Canteen) Rules, 1984 with further direction to the petitioner to hand over the vacant possession of the canteen before 31.07.2019. To the similar effect is the letter dated 26.07.2019 (Annexure P-4). After revoking the licence granted to the petitioner, respondents issued fresh licence to another successful bidder on 03.08.2019 (Annexure R-1/D). To the similar effect is the letter dated 26.07.2019 (Annexure P-4). After revoking the licence granted to the petitioner, respondents issued fresh licence to another successful bidder on 03.08.2019 (Annexure R-1/D). Aggrieved against these two communications (Annexures P-3 & P-4), the petitioner has preferred the instant writ petition. 3. We have heard Ms. Suchitra Sen, learned counsel for the petitioner, who has reiterated the submissions made in the writ petition and Mr. J.L. Bhardwaj, learned counsel for respondents and have gone through the record carefully. 3(i) The contention of the petitioner that the period allowed to her to run the canteen has to be construed till the year ending March 2020, cannot be accepted. The notice dated 06.04.2019, inviting offers for running the canteen, contained provision that the period for running the canteen can be enhanced or reduced. It is under this notice that the petitioner had herself participated. Even, the licence granted to the petitioner to run the canteen was w.e.f. 01.05.2019 to 31.07.2019. The contention that petitioner's licence was till year ending March, 2020, is not factually correct. The licence period of the petitioner had come to an end on 31.07.2019. Therefore, even otherwise there was no legal right vested in the petitioner to continue running of canteen beyond 31.07.2019. Additionally, condition No.13, imposed in her licence to run the canteen clearly stipulated that on breach of any terms and conditions prescribed in the licence, the same can be terminated even before the expiry of the period. 3(ii) Therefore, firstly, there is no legal right vested with the petitioner to seek continuation of her licence beyond 31.07.2019. Secondly, respondent No.1, had the power to terminate the licence even before the expiry of the licence period, in consultation with the Committee, on service of 24 hours notice, in case of breach of terms and conditions of the licence. The breach of terms and conditions were noticed by the Inspection Committee in their fortnightly reports, which were also brought to the notice of the petitioner. These serious shortcomings in running of the canteen, were not removed by the petitioner, which fact was personally verified by District & Sessions Judge, Shimla-respondent No.1 during a surprise inspection of the canteen on 17.07.2019 along with Additional District & Sessions Judge (CBI), Shimla and Senior Civil Judge-cum-ACJM, Theog in presence of the petitioner. These serious shortcomings in running of the canteen, were not removed by the petitioner, which fact was personally verified by District & Sessions Judge, Shimla-respondent No.1 during a surprise inspection of the canteen on 17.07.2019 along with Additional District & Sessions Judge (CBI), Shimla and Senior Civil Judge-cum-ACJM, Theog in presence of the petitioner. The respondents were, therefore, justified and within their rights in revoking the licence granted to the petitioner for running the canteen in Judicial Courts Complex, Theog and further ordering her to hand over its vacant possession. 4. In view of the above, we do not find any infirmity with the impugned orders. The writ petition being devoid of merits is, therefore, dismissed. Pending applications (s), if any, shall also stand disposed of. JUDGMENT : Jyotsna Rewal Dua, J. Challenge has been laid by the petitioner to the orders issued by the respondents, cancelling her licence to run the canteen in Judicial Courts Complex, Theog and directing her to hand over the vacant possession of the canteen. 2. (I) The husband of the petitioner was running the canteen in Judicial Courts Complex, Theog, for the years ending March, 2015 to March, 2017. Licence to run the canteen thereafter was granted to the petitioner for the years ending March, 2018 and March, 2019. 2(ii) On 06.03.2019, applications were invited from the persons interested to run the aforesaid canteen for the year ending March, 2020. This notice dated 06.03.2019 (Annexure P-1) inter-alia, contained a stipulation:- " ..... Licence for running canteen shall ordinarily be for year ending March, 2020, but Canteen Committee can enhance/reduce such period. Rate of license fee shall be Rs. 900/- per month...." 2(iii) Pursuant to the process initiated under the notice dated 06.04.2019, the petitioner on 01.05.2019 (Annexure P-2), was granted licence to run the canteen in Judicial Courts Complex, Theog w.e.f. 01.05.2019 to 31.07.2019. The grant of licence was subject to various terms and conditions. Some of them being relevant are reproduced hereinafter for the sake of convenience:- "8. That Canteen premises shall be furnished by the licnesee before starting Canteen and crockery and cutlery shall be provided by her for customers as may be prescribed by the Committee from time to time. 9. That it shall be obligatory on the part of applicant to prepare/serve hot and cold beverages and food stuffs of good quality. That Canteen premises shall be furnished by the licnesee before starting Canteen and crockery and cutlery shall be provided by her for customers as may be prescribed by the Committee from time to time. 9. That it shall be obligatory on the part of applicant to prepare/serve hot and cold beverages and food stuffs of good quality. The beverages ad food stuffs may be checked from time to time by the member(s) of the Committee or any responsible office authorized by the Committee or with the help of Food Inspector of area. 10. That applicant will maintain cleanliness of premises and shall keep utensils, crockery etc. in hygienic and presentable condition." 2(iv)(a) Condition No.13, authorized the District & Sessions Judge, Shimla in consultation with Inspection Committee, to terminate the licence to run the canteen, even before the expiry of the licence period, in case of breach of any terms and conditions contained in the grant order, on service of 24 hours notice. The condition is reproduced hereinafter:- "13. That licence may be terminated at any time before expiry of period by the District and Sessions Judge, Shimla in consultation with the Committee on service of 24 hours notice on breach of any terms and conditions laid herein-above or by giving one month’s notice to the District and Sessions Judge, Shimla and in case of termination of licence before expiry of full period licence except in the ode as provided here-in-above amount of security shall be liable to be forfeited to the District and Sessions Judge, Shimla." 2(iv)(b) The inspection of the canteen was to be carried out by the Inspection Committee, which was to submit a fortnightly inspection report with respect to cleanliness and hygienic conditions of the canteen as well as about the rates/price of the beverages and food stuffs charged by the licensee. The condition in this regard reads as under:- "15. The condition in this regard reads as under:- "15. The Inspection Committee constituted vide office order No. 13404-7, dated 6th September, 2018, is directed to inspect the Canteen and submit the fortnightly report through Senior Civil Judge- cum-ACJM, Theog to the Committee with regard to cleanliness and hygienic conditions of Canteen and also about rates/price of beverages and food stuffs charged by licensee." 2(v)(a) In compliance to condition No.15, fortnightly inspections of the canteen were carried out by the Committee for the first fortnight of May, 2019 vide Annexure R-1/E dated 16.05.2019, second fortnight of May, 2019 vide Annexure R-1/F dated 01.06.2019, first fortnight of June, 2019 vide Annexure R-1/G dated 17.06.2019, second fortnight of June, 2019 vide Annexure R-1/H, dated 01.07.2019 and first fortnight of July, 2019 vide Annexure R-1/I, dated 18.07.2019. All these inspection reports are replete with serious short-comings on part of the petitioner in running the canteen, some of which can be noticed hereinafter:- Canteen and its kitchen were not properly cleaned; wash basin was not found clean; utensils used for serving eatable items were found to be unclean and not in presentable condition; water buckets were dirty, full of dust; cigarette stubs were scattered in the canteen; disposable glasses were being reused for serving water and tea ; used tea leaves were being used over and over again; all food items were not available during inspections; no beverage item was served; proper hygiene was not maintained for keeping food items; floor and tables were unclean; fridge was not properly cleaned; domestic gas cylinder was being used for preparing food items, preparations were also not good; dustbin was filled over the brim with garbage, emitting foul smell; the Bar members and court staff also complained to the Committee that they being not satisfied with food quality and the cleanliness of the canteen, were not availing it's facility. 2(v)(b) All the above inspection reports had been brought to the notice of the petitioner by the respondents, however, short-comings were not removed. Rather these re-surfaced in the subsequent inspection reports. The Show Cause Notice was issued to the petitioner on 14th May, 2019 (Annexure P-7) as to why her licence be not revoked in accordance with Judicial Courts (Regulations and Maintenance) Rules, 1984, for having failed to run the canteen in good condition as per stipulations contained in the grant order. Rather these re-surfaced in the subsequent inspection reports. The Show Cause Notice was issued to the petitioner on 14th May, 2019 (Annexure P-7) as to why her licence be not revoked in accordance with Judicial Courts (Regulations and Maintenance) Rules, 1984, for having failed to run the canteen in good condition as per stipulations contained in the grant order. This was followed by another Show Cause Notice dated 01.07.2019 (Part of Annexure P-7). Copies of inspection reports were also appended along with notices. The petitioner responded to the notice dated 01.07.2019 and controverted the allegations vide her reply dated 06.07.2019 (Annexure P-8). Whereafter, a surprise inspection of the canteen was carried out by the District & Sessions Judge, Shimla-respondent No.1 along with Additional District & Sessions Judge (CBI), Shimla and Senior Civil Judge- cumACJM, Theog on 17.07.2019 in presence of the petitioner and found following deficiencies in the canteen:- "1. The dishes were not cleaned with dish-cleaning agents. 2. There was no provision to provide clean drinking water. Water running from the tap is being served for drinking. 3. Food items were found stored in the refrigerator in unhygienic condition. The refrigerator was dirty and it appeared that it was not cleaned for the last many days. 4. The utensils used for cooking the food were found dirty and not properly washed. 5. Foul smell was emanating from the canteen. The floor and wash-basin were dirty and were not cleaned for the last many days. 6. Domestic cylinder was being used for cooking the food. 7. The rate list of eatable items was not displayed. When the licence holder was asked, she said that the said list was not supplied. However the contract was awarded t her for three months on the basis of lowest price quoted by her. Even she could not give satisfactory answer as at what rates the eatable items were being sold. 8. The eatable items were displayed without any cover. 9. Food quality was not found good. 10. Workers were not employed. 11. As per the Food Safety and Standard Act, 2006, the persons running the canteen are required to get their medical examination, but no such report has been submitted despite being asked by the office. She has not engaged any helper for the service to the customers. 12. 9. Food quality was not found good. 10. Workers were not employed. 11. As per the Food Safety and Standard Act, 2006, the persons running the canteen are required to get their medical examination, but no such report has been submitted despite being asked by the office. She has not engaged any helper for the service to the customers. 12. The photographs of the canteen were also taken and placed on record." 2(vi) Finding that licence holder was playing with the lives of people by providing unhygienic food and had failed to improve the cleanliness standard even after the short-comings repeatedly noticed by the Inspection Committee in its reports dated 16.05.2019, 01.06.2019, 17.06.2019 and 01.07.2019, were pointed out to her; despite issuance of notices to her, neither the quality of food nor the cleanliness was improved; resultantly, on 22.07.2019 (Annexure P-3), the licence granted to the petitioner to run the canteen was revoked by the respondents under Rule 23 (a) of the Judicial Courts (Regulations and Maintenance of Canteen) Rules, 1984 with further direction to the petitioner to hand over the vacant possession of the canteen before 31.07.2019. To the similar effect is the letter dated 26.07.2019 (Annexure P-4). After revoking the licence granted to the petitioner, respondents issued fresh licence to another successful bidder on 03.08.2019 (Annexure R-1/D). Aggrieved against these two communications (Annexures P-3 & P-4), the petitioner has preferred the instant writ petition. 3. We have heard Ms. Suchitra Sen, learned counsel for the petitioner, who has reiterated the submissions made in the writ petition and Mr. J.L. Bhardwaj, learned counsel for respondents and have gone through the record carefully. 3(i) The contention of the petitioner that the period allowed to her to run the canteen has to be construed till the year ending March 2020, cannot be accepted. The notice dated 06.04.2019, inviting offers for running the canteen, contained provision that the period for running the canteen can be enhanced or reduced. It is under this notice that the petitioner had herself participated. Even, the licence granted to the petitioner to run the canteen was w.e.f. 01.05.2019 to 31.07.2019. The contention that petitioner's licence was till year ending March, 2020, is not factually correct. The licence period of the petitioner had come to an end on 31.07.2019. Therefore, even otherwise there was no legal right vested in the petitioner to continue running of canteen beyond 31.07.2019. The contention that petitioner's licence was till year ending March, 2020, is not factually correct. The licence period of the petitioner had come to an end on 31.07.2019. Therefore, even otherwise there was no legal right vested in the petitioner to continue running of canteen beyond 31.07.2019. Additionally, condition No.13, imposed in her licence to run the canteen clearly stipulated that on breach of any terms and conditions prescribed in the licence, the same can be terminated even before the expiry of the period. 3(ii) Therefore, firstly, there is no legal right vested with the petitioner to seek continuation of her licence beyond 31.07.2019. Secondly, respondent No.1, had the power to terminate the licence even before the expiry of the licence period, in consultation with the Committee, on service of 24 hours notice, in case of breach of terms and conditions of the licence. The breach of terms and conditions were noticed by the Inspection Committee in their fortnightly reports, which were also brought to the notice of the petitioner. These serious shortcomings in running of the canteen, were not removed by the petitioner, which fact was personally verified by District & Sessions Judge, Shimla-respondent No.1 during a surprise inspection of the canteen on 17.07.2019 along with Additional District & Sessions Judge (CBI), Shimla and Senior Civil Judge-cum-ACJM, Theog in presence of the petitioner. The respondents were, therefore, justified and within their rights in revoking the licence granted to the petitioner for running the canteen in Judicial Courts Complex, Theog and further ordering her to hand over its vacant possession. 4. In view of the above, we do not find any infirmity with the impugned orders. The writ petition being devoid of merits is, therefore, dismissed. Pending applications (s), if any, shall also stand disposed of.