“Do you feel that you are a master?” Bombay HC pulls up FDA; agency lifts license suspension of 5 MCA restaurants | Today’s news
The Maharashtra Food and Drug Administration (FDA) on Saturday announced that it will withdraw its order suspending the licenses of five restaurants operating at the Mumbai Cricket Association (MCA) premises following strong criticism from the Bombay High Court. The court warned FDA officials against “scorching orders” after accusing the department of taking a “pedantic rather than pragmatic view” of the matter.
Restaurants found 88% compliant with food safety standards
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad lifted the suspension after considering a fresh inspection report submitted by the FDA.
The report showed that the five restaurants located in the Bandra-Kurla Complex area are 88% compliant with food safety requirements.
MCA approached the Supreme Court, which challenged the FDA’s decision to suspend the restaurants for hygiene violations and irregularities involving their third-party operator.
FDA raises issue over Shirke infrastructure contract
Although the latest inspection found substantial compliance, the FDA initially refused to lift the suspension as the restaurant was operated by M/s Shirke Infrastructure while the food licenses remained registered in the name of MCA.
The FDA told the court on Saturday that it would issue a fresh notice to the MCA and give the association an opportunity to present its case on the contract with Shirke Infrastructure. He would then issue a reasoned resolution on the matter.
The court accepted the proposed course of action, noting that since the restaurants had now complied with food safety requirements, the suspension order was lifted. Canteens could thus resume operations.
Bombay HC criticizes FDA’s approach
The bench observed that there was no legal provision barring the arrangement and reminded the FDA that it had earlier directed its officials to examine the matter carefully and adopt a pragmatic approach.
“However, despite the FDA making it clear, it disobeyed our order and took a pedantic view instead of a pragmatic one. We are tired of constantly admonishing the department and officers. Now is the time to issue strong orders. We will issue contempt action against the officers concerned. Let them convince us or go to jail,” the court said.
The judges also questioned the department’s approach to issuing the orders without sufficiently examining the applicable law.
HC questions FDA over ‘undue haste’
The bench asked why the FDA was repeatedly acting in “undue haste” instead of first analyzing the legal position.
“How many times should we try to convince and balance stocks so that the department does not feel down? Why do we say don’t kill a gnat with a sword? Do you feel like a master and can do anything?” HC asked.
Following the court’s observations, another government prosecutor PP Kakade informed the court that the FDA will withdraw its suspension order against the five restaurants.
The Bombay High Court disposed of the petitions on Saturday.
(With inputs from news agency PTI)
