‘Do you feel you are lord?’ Bombay HC pulls up FDA; agency revokes suspension of licences of 5 MCA restaurants

The Maharashtra Food and Drug Administration (FDA) on Saturday said it would revoke its order suspending the licences of five restaurants operating on the Mumbai Cricket Association (MCA) premises, following strong criticism from the Bombay High Court. The court had warned FDA officials of "stinging orders" after accusing the department of taking a "pedantic instead of pragmatic view" of the matter.

Restaurants found 88% compliant with food safety norms

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad set aside the suspension after considering a fresh inspection report submitted by the FDA.

The report showed that the five eateries, located in the Bandra-Kurla Complex area, were 88% compliant with food safety requirements.

The MCA had moved the high court challenging the FDA's decision to suspend the restaurants' operations over hygiene violations and irregularities concerning their third-party operator.

FDA raises issue over Shirke Infrastructure contract

Although the latest inspection found substantial compliance, the FDA had initially refused to lift the suspension because the restaurants were being run by M/s Shirke Infrastructure, while the food licences remained registered in the MCA's name.

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 regarding the contract with Shirke Infrastructure. It would then pass a reasoned order on the matter.

The court accepted the proposed course of action and observed that, since the restaurants had now complied with food safety requirements, the suspension order stood vacated. The eateries could therefore resume operations.

Bombay HC criticises FDA's approach

The bench observed that there was no legal provision preventing the arrangement and reminded the FDA that it had previously directed its officials to examine the matter carefully and adopt a pragmatic approach.

"However, despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view. We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail," the court said.

The judges also questioned the department's approach to issuing orders without adequately 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 analysing the legal position.

"How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say don't kill a mosquito with a sword? Do you feel you are a lord and you can do anything?" HC questioned.

Following the court's observations, additional government pleader P P Kakade informed the bench that the FDA would withdraw its suspension order against the five restaurants.

The Bombay High Court disposed of the petitions on Saturday.

(With inputs from news agency PTI)