The Bombay High Court on Saturday questioned the way Maharashtra’s Food Department was working.
The court said that officials neither understood its orders nor the Act. It also said they did not even read their own rules or know the law, but simply took action.
The matter came up after the Mumbai Cricket Association filed a petition in the High Court against the Maharashtra Food and Drug Administration (FDA).
On August 21, the FDA had suspended the licences of five of the club’s outlets following an initial inspection.
A division bench of the High Court allowed all five restaurants to reopen based on a fresh report. The report showed that the restaurants were now complying with 88% of food safety standards.
2 comments and 1 suggestion from the court
- Ensuring food hygiene is important, but administrative action should be proportionate and reasonable. Establishments should be encouraged to improve and follow the rules, rather than being shut down immediately.
- The court said the officer had acted like a ‘novice’ and issued orders without giving proper reasons. It also said the officer had failed to carry out the required legal analysis under food safety laws.
Suggestion for a restaurant website
During the hearing, the High Court also suggested that the FDA consider a policy requiring large restaurants to have their own websites. The court said customers should be able to use these websites to share their views on hygiene, food and taste.
FDA said the restaurant licence was in one name, but someone else was running it
The FDA had argued that M/S Shirke Infrastructure was operating the restaurants, while the licences were in the name of the MCA.
The FDA told the court on Saturday that it would issue a fresh notice to the MCA and hear its views on its contract with Shirke Infrastructure. A fresh order would then be issued with reasons.
The court said that since the restaurants were now complying with the rules, the order suspending their licences could not continue. It therefore cancelled the suspension order and allowed the restaurants to reopen.
Why is Maharashtra FDA in the news? Action continued after new commissioner took charge
Maharashtra’s Food and Drug Administration (FDA) has been in the news for the past few months, mainly because of its new commissioner, Tukaram Mundhe.
Within three months of taking charge, he carried out more than 1,100 inspections and suspended 165 licences.
He also imposed a ban on fake paneer across the state and even took action against the Bombay High Court canteen.
The FDA has now issued notices to three major Bollywood stars — Shah Rukh Khan, Ajay Devgn and Tiger Shroff — over their Vimal advertisements. They are being called ‘real-life Singham’ on social media.
