The Maharashtra FDA on Saturday said it would withdraw its order suspending the licences of five restaurants operating on the Mumbai Cricket Association premises, after the Bombay High Court warned of stinging orders against officials for taking a “pedantic instead of pragmatic view” of the situation.
A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad vacated the suspension after a fresh inspection report submitted by the FDA confirmed that the eateries located in the Bandra-Kurla Complex area were 88 per cent compliant with food safety rules.
The MCA had approached the high court challenging the FDA’s decision to suspend operations over alleged hygiene violations and third-party operational irregularities.
Although a fresh inspection carried out on Thursday showed 88 per cent compliance, the FDA had initially maintained the suspension because the eateries were being operated by M/s Shirke Infrastructure despite the licences being registered in the MCA’s name.
The FDA on Saturday informed the court that it would issue a fresh notice to the MCA, and grant them a hearing on the issue of its contract with Shirke Infrastructure and then pass a reasoned order.
The court accepted this and said since the eateries are now compliant with the rules, the order suspending their licenses stands vacated, and they can reopen their services.
There is no provision in the law that prohibits the same, the bench noted, pointing out that during the last hearing it had specifically asked FDA officials to apply their minds and take a pragmatic view of the situation.
“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 questioned why the FDA was always in “undue haste” and passed orders without analysing the 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?” HC questioned.
Pursuant to the court’s remarks, additional government pleader P P Kakade submitted that the FDA would withdraw its order suspending the licences of the five eateries.
The court disposed of the petitions on Saturday.
