Bombay HC Revokes Restaurant Licence Suspension, Pulls Up FDA
The bench was hearing a petition filed by Hotel Pawan Bar and Restaurant in Belapur, Navi Mumbai, challenging the FDA’s action: Reports
MUMBAI: The Bombay High Court on Monday pulled up the state Food and Drug Administration (FDA), which is already under judicial scrutiny for its “selective raids” on private establishments. The court set aside the licence suspension of a Navi Mumbai bar and restaurant after the FDA failed to restore its operations despite certifying the establishment as 100 per cent compliant.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said it was inclined to impose costs on the department for the losses suffered by the restaurant owner and revoked the suspension order. The latest reprimand comes days after the court criticised the FDA for selectively targeting private eateries while failing to act against canteens in Mantralaya and other government offices.
The bench was hearing a petition filed by Hotel Pawan Bar and Restaurant in Belapur, Navi Mumbai, challenging the FDA’s action. Counsel for the petitioner told the court that an inspection conducted on June 29 found the establishment to be 63 per cent compliant with food safety norms, following which the FDA suspended its licence on June 30.
The petitioner subsequently filed an appeal, following which the FDA carried out a reinspection on July 14 and issued a certificate declaring the establishment 100 per cent compliant. However, the suspension order remained in force.
The bench appreciated the drives undertaken by the FDA but remarked, “The problem is that this department was sleeping all this while and has now woken up. You have a laudable Commissioner, but once the petitioner has been certified as 100 per cent compliant, why should the licence remain suspended?”
Observing that the department’s conduct warranted scrutiny, the bench said it would consider imposing costs on the FDA. “If we remain silent then, we would be failing in our duty,” the court said. It revoked the suspension order and posted the matter for further hearing on Wednesday to decide the quantum of costs, if any, to be imposed on the department.
Over the past month, benches of the Bombay High Court in Mumbai, Nagpur and Aurangabad have granted relief in at least nine similar cases by restoring licences, staying suspension orders or directing that suspensions be treated as improvement or show-cause notices.
The rulings mark a significant legal setback for the FDA’s aggressive food safety enforcement drive led by Commissioner Tukaram Mundhe.