Do you feel you are a lord?’: Bombay HC pulls up Tukaram Mundhe-led FDA over MCA eateries crackdown

The Bombay High Court has warned officials of the Maharashtra Food and Drugs Administration (FDA), led by Tukaram Mundhe, of contempt proceedings and even imprisonment after criticising the department for adopting a “pedantic instead of pragmatic view” while suspending the licences of five restaurants operating on the Mumbai Cricket Association (MCA) premises.

“Do you feel you are a lord and you can do anything?” a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned the FDA, PTI reported.

Following the court’s strong remarks, the Maharashtra FDA informed the high court on Saturday that it would withdraw its order suspending the licences of the five restaurants.

The court subsequently vacated the suspension after a fresh FDA inspection report found that the eateries in Mumbai’s Bandra-Kurla Complex were 88 per cent compliant with food safety regulations.

Bombay HC slams FDA over restaurant licence suspension

The MCA had moved the high court challenging the FDA’s decision to suspend the restaurants’ licences over alleged hygiene violations and irregularities involving a third-party operator.

While a fresh inspection conducted on Thursday found 88 per cent compliance with food safety norms, the FDA had initially refused to revoke the suspension, citing the fact that the restaurants were being operated by M/s Shirke Infrastructure even though the licences were registered in the MCA’s name.

The FDA told the court on Saturday that it would issue a fresh notice to the MCA, provide it an opportunity to explain its contractual arrangement with Shirke Infrastructure and subsequently pass a reasoned order.

The bench accepted the proposal and observed that since the restaurants had now been found compliant with food safety rules, the suspension order stood vacated and the eateries could resume operations.

“There is no provision in the law that prohibits the same,” the court observed, noting that it had already directed FDA officials during the previous hearing to apply their minds and adopt a pragmatic approach.

‘Let them convince us or go to jail’

The court expressed strong displeasure that the FDA had allegedly disregarded its earlier directions and continued to take what it described as a rigid approach.

“However, despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view,” the bench said, adding that it was “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 judges also questioned the department’s alleged haste in issuing orders without adequately examining the applicable 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 bench asked.

Following the court’s remarks, Additional Government Pleader P P Kakade told the bench that the FDA would withdraw its order suspending the licences of the five restaurants.