Mumbai: The Bombay High Court on Tuesday revoked the suspension of a hotel’s food licence, observing that an establishment cannot be kept under suspension indefinitely after it has rectified deficiencies and achieved “exemplar” compliance.
Hotel Licence Suspended After Surprise Inspection Revealed Deficiencies
A bench of Justices Sharmila Deshmukh and Neeraj Dhote set aside an appellate order that had upheld the suspension and restored the FSSAI licence of Hotel Alankar, located in Karad.
The court was hearing a petition by Hotel Alankar, whose licence was suspended on July 8 after a surprise inspection found several deficiencies. The establishment had initially scored 75 out of 110 marks, or 69%, and was marked “non-compliant”.
HC Questions Continuation Of Suspension Despite 97% Compliance
The Food and Drugs Administration (FDA) had cited, among other issues, the sale of beverages not covered by the licence, common storage and frying facilities for vegetarian and non-vegetarian food, and discharge of used cooking oil.
However, during a re-inspection on July 31, the hotel scored 106 out of 110 marks, or 97%, which under the grading system amounted to “exemplar” compliance.
The appellate authority nevertheless continued the suspension, citing violations of licence conditions, an earlier finding that used cooking oil was unsafe, and allegations that the hotel had continued operations during the suspension period.
The court said it was “surprising” that the authorities had awarded the establishment 97% marks and certified its compliance as “exemplar”, while continuing the suspension.
Alleged Violation During Suspension Period Cannot Justify Continued Ban
“The appellate authority’s order does not disclose any consideration of the re-verification report,” the bench said, adding that the decision on continued suspension should have taken into account the compliance recorded during the re-inspection.
The court observed that the purpose of suspending a food licence under the Food Safety and Standards Act was to protect public health and that suspension could not continue indefinitely after deficiencies were rectified.
“The consequence of compliance of the deficiencies should, in our view, result in revocation of the suspension of license and continued monitoring as mandated by law to ensure statutory compliances,” the bench said.
The court added that alleged operation of the establishment during the suspension period could attract penalties under the relevant provisions of the Act, but could not justify continued suspension.
Quashing the appellate order of August 19, the bench revoked the July 8 suspension order and restored the hotel’s licence. It also directed the proprietor to undertake that products not endorsed on the licence would not be sold.
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