Bombay HC slams Maharashtra FDA, vacates suspension of MCA restaurants' licences

The bench also questioned why the FDA acted with “undue haste” without fully analysing the legal position.

NEW DELHI: The Bombay high court on slammed the Maharashtra Food and Drug Administration (FDA), warning of contempt action against officials after the department refused to lift the suspension of food licences of five restaurants at the Mumbai Cricket Association (MCA) premises despite a fresh inspection finding them 88% compliant with food safety rules.

“Tired of scolding the department and officers,” the division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the FDA had taken a “pedantic instead of pragmatic view” despite the court’s earlier direction to reconsider the matter.

The court ultimately vacated the suspension orders, allowing the five eateries at the MCA premises in Bandra-Kurla Complex (BKC) to reopen.

The MCA had challenged the FDA’s decision to suspend the restaurants’ licences over alleged hygiene violations and issues relating to third-party operations. A fresh inspection conducted on Thursday found the eateries to be 88% compliant with food safety requirements. However, the FDA had initially continued with the suspension, citing the fact that the restaurants were being operated by M/s Shirke Infrastructure, while the licences were registered in the MCA’s name.

On Saturday, the FDA told the court that it would issue a fresh notice to the MCA, give it an opportunity to be heard on its contractual arrangement with Shirke Infrastructure and then pass a reasoned order. Accepting the undertaking, the court said the restaurants could reopen since the latest inspection had found them compliant. “There is no provision in the law that prohibits the same,” the bench observed.

The court recalled that it had, during the previous hearing, specifically directed FDA officials to apply their minds and take a pragmatic approach to the licence issue. “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 bench also questioned why the FDA acted with “undue haste” without fully 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.

The dispute began after the FDA suspended the five licences last week. At Tuesday’s hearing, the HC had praised FDA commissioner Tukaram Mundhe’s drive against hygiene lapses but asked the department to “be consistent” and “do it consistently and not in an ad hoc manner”. The court had ordered a fresh inspection while declining to stay the suspensions, though it allowed MCA to serve tea and coffee through vending machines as a temporary arrangement during ongoing tournaments.