HC Says Maharashtra FDA Going Overboard, Orders Rs 5 Lakh Compensation To Pune Shop

The case concerns Guru Nanak Dairy & Sweets in Pune, whose licence was suspended by the FDA on June 12 following a complaint of food poisoning. During an initial inspection, officials found minor hygiene and maintenance lapses.

The owner subsequently approached FDA Commissioner Tukaram Mundhe and took steps to address the deficiencies. On July 9, the shop submitted a compliance report stating that all the shortcomings had been rectified. The FDA then conducted a reinspection.

During the reinspection, the shop scored 35 out of 36 points, indicating 98 per cent compliance with food safety standards. However, the FDA refused to restore its licence, prompting the owner to approach the Bombay High Court.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad criticised the FDA’s decision and accused the agency of “torturing citizens”. The bench held that the pendency of an appeal was no bar to conducting a reinspection and revoking the suspension once the deficiencies had been addressed.

“This is plain and simple perversity. Absolute strange policies. Least said, the better. Once you clear with 98 per cent, you say, now, go and file an appeal. What is this? Torturing citizens,” the court said.

The bench acknowledged the FDA’s efforts to crack down on food safety violations but said the agency had exceeded its mandate in the present case. “Your intention is laudable, but you are going overboard. You should have immediately revoked the suspension of the licence once you noticed 98 per cent compliance,” it said.

The court held the FDA responsible for the business losses suffered by the retailer and directed it to deposit Rs five lakh in compensation within 30 days. It also quashed the licence suspension and allowed the shop to resume operations immediately.