Mumbai: The Bombay High Court on Saturday came down heavily on the Maharashtra Food and Drug Administration (FDA) for taking a “pedantic instead of a pragmatic view” and directed that the suspension of food licences of five eateries operating at the Mumbai Cricket Association (MCA) premises be lifted.
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A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad passed the direction after the FDA informed the court that it would withdraw its suspension order and issue a fresh notice to the MCA on the separate issue of the eateries being operated by M/s Shirke Infrastructure.
The court was hearing petitions filed by the MCA challenging the FDA’s decision to suspend the licences of five eateries at its cricket facility in Bandra-Kurla Complex. The FDA had inspected the premises on August 20 and suspended the licences the next day, citing food safety and operational irregularities.
A fresh inspection carried out on Thursday showed that the eateries were 88 per cent compliant with food safety requirements. However, the FDA had continued with the suspension as the eateries were being operated by Shirke Infrastructure, while the licences were registered in the MCA’s name.
The FDA on Saturday agreed to issue a fresh notice to the MCA and give it an opportunity to explain its contractual arrangement with Shirke Infrastructure before passing a reasoned order.
The court accepted the submission and observed that since the eateries had substantially complied with food safety requirements, the suspension could not continue. It also noted that there was no provision prohibiting the arrangement and reminded the FDA that it had been asked at the previous hearing to take 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 bench also questioned the FDA’s “undue haste” in passing the suspension order.
“When we said take a pragmatic view and not a pedantic view, why did you not apply your mind?” it asked.
The judges further remarked, “Do you feel you are a lord and you can do anything?”
The court said it had repeatedly sought to balance equities while protecting the department from adverse orders.
Additional government pleader P P Kakade submitted that the FDA would withdraw the suspension order and follow due process by issuing a fresh notice.
The court accordingly vacated the suspension, allowing the five eateries to reopen.
The FDA’s August 20 inspection had found cockroaches and flies in the kitchens, besides dirty and slippery floors. It had also raised concerns over the licence being in the MCA’s name while the eateries were operated by Shirke Infrastructure.
The bench clarified that the FDA could examine the contractual arrangement separately, but must follow due process.
The petitions were accordingly disposed of.
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