The Bombay High Court on Saturday vacated the Maharashtra Food and Drug Administration (FDA)’s order suspending the licenses of five eateries operating on the Mumbai Cricket Association (MCA) premises, after a fresh inspection found them 88 per cent compliant with food safety rules.
The court pulled up FDA officials for taking a “pedantic instead of pragmatic” view of the matter, prompting the department, headed by Commissioner Tukaram Mundhe, to agree to withdraw the suspension and reconsider the issue.
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the suspension after a fresh FDA inspection report said the eateries were 88 per cent compliant with food safety rules. The court said the restaurants could reopen, while the FDA separately examines issues linked to their operation by a third party.
The MCA had moved the high court against the FDA’s decision to suspend the restaurants’ operations over alleged hygiene violations and irregularities relating to third-party operations.
WHY THE FDA SUSPENDED THE EATERIES
The eateries are located at the MCA premises in the Bandra-Kurla Complex area. A fresh inspection carried out on Thursday found them to be 88 per cent compliant with food safety rules.
Despite this, the FDA had initially continued with the suspension on the ground that the eateries were being run by M/s Shirke Infrastructure even though the licenses were in the MCA’s name.
FDA AGREES TO FRESH HEARING
On Saturday, the FDA told the court that it would issue a fresh notice to the MCA, give it a hearing on the issue of its contract with Shirke Infrastructure, and then pass a reasoned order.
Accepting this, the court said that since the eateries were now compliant with the rules, the suspension order stood vacated and services could resume.
‘PEDANTIC INSTEAD OF PRAGMATIC’
The bench also noted that there was no provision in the law that prohibited such an arrangement, and said that at the previous hearing it had specifically asked FDA officials to apply their minds and take a pragmatic view.
“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.
COURT QUESTONS FDA’S HASTE
The bench also questioned why the FDA was always in “undue haste” and passed orders without analysing the law.
“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?” the court asked.
Following these remarks, additional government pleader PP Kakade told the court that the FDA would withdraw its order suspending the licenses of the five eateries.
The court then disposed of the petitions on Saturday, allowing the restaurants to reopen while the FDA takes a fresh decision on the contractual issue.
– Ends
With PTI inputs
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