Unresolved differences: Punjab law dept clashes with food dept over appellate powers

Law department objects to authority’s proposal to give appellate powers to commissioners

LAHORE: The Punjab Food Department and the Law Department have recently developed a dispute over who should be authorised to hear appeals against the decision of the Punjab Food Authority (PFA).

Objecting the proposal to give appellate authority to PFA commissioners, the law department returned a summary to the food department, saying that commissioners are “too junior” in designation, therefore, they cannot be given the authority to hear appeals.

As a result of the objection, the decision to assign the authority of hearing appeals has been delayed which could cause difficulties for people.

In response to the objection, the food department has returned the summary to the law department, stressing that commissioners are very important officers in the civil bureaucracy, with careers spanning 20 to 25 years, therefore, terming them “juniors” is unjustified.

The food department added that granting appellate authority to commissioners is legally right, adding that the move will also facilitate people living in far-fetched areas as their appeals will be given immediate attention. Demanding approval, the food department has returned the summary to the law department.

According to details obtained by The Express Tribune, the food department sent a summary to the law department a month ago, where it mentioned that at present, the authority to hear appeals against the imposition of fines or the sealing of buildings imposed by food safety officers solely lies with the director-general of the PFA.

Per the summary, to facilitate the public and expedite the process, commissioners should also be given the authority to hear appeals in different cities under their jurisdiction, while the authority to hear appeals against the decisions of the DG PFA should be given to secretary food.

According to sources, the senior officials of the PFA strictly opposed the recommendations of the law department. However, the law department returned the summary to the food department, reiterating that commissioners are junior officers. The law department also asked the PFA to present “practical recommendations” anew.

Sources also revealed that a few years ago, the PFA had decided during a board meeting that the secretary food will hear the appeals against the decisions of DG PFA but when legal experts informed the secretary that the authority lies with the provincial government, he stopped hearing the appeals.

A few weeks ago, the DG of the food department, Muhammad Usman Younus, requested secretary food to send a summary to the government for the appointment of the appellate authority of PFA, adding that it should be given to the commissioners.

The secretary food claimed that the government does not want people to go through the hassle of traveling to Lahore from remote areas to appeal the decisions of PFA. Therefore, the provincial government has decided to establish a separate secretariat in South Punjab, he added.

Published in The Express Tribune, August 27^th, 2019.