MUMBAI: The Bombay High Court on Friday questioned the Maharashtra Food and Drug Administration (FDA) over its inspection report certifying staff canteens at Mantralaya and Vidhan Bhawan as “98% compliant”, even as photographs submitted by court-appointed advocates showed allegedly unhygienic conditions at the establishments.
Event Context
A division bench of acting chief justice Ravindra V Ghuge and justice Gautam Ankhad also asked the state government agency why private eateries with alleged food safety violations were being subjected to immediate licence suspensions, while government-run canteens were not.
The court was hearing two separate petitions, one filed by a representative of Park Inn by Radisson hotel in Navi Mumbai and another by the popular Poornima restaurant in Mumbai’s Fort area. Both establishments had challenged the immediate suspension of their food licences for alleged violations of the Food Safety and Standards Act, following a surprise inspection by FDA officials. They argued that their licences were suspended without first issuing a 14-day improvement notice, as required under the law.
Senior advocate Venkatesh Dhond, appearing for Poornima restaurant, said that the FDA inspection was carried out after lunch, when the kitchen was being washed, and lasted around five hours. FDA officials cited fungal growth on stored raw vegetables, peeling paints, and rust as among the reasons for suspending the restaurant’s licence.
“It did not warrant immediate suspension. Just because you have the power to suspend doesn’t mean you’ll suspend,” said Dhond, adding that the FDA should have first issued the restaurant an improvement notice to rectify the deficiencies.
After hearing the petitioners’ arguments, the court asked the FDA about the condition of government-run canteens at Mantralaya and Vidhan Bhavan. It also appointed four advocates to visit these canteens and submit a report.
“Is everything spick and span at the Mantralaya canteen? We already told you to be uniform and fair to all. You can’t only target private properties. Ask your officer why the inspection is done and the licence is suspended on the same day? Why is no improvement notice issued?”, the court said.
After the advocates reported unhygienic conditions in the Mantralaya and Vidhan Bhavan canteens, the court said that, despite this, the FDA had certified them as “98% compliant”. Referring to photographs submitted by the advocates, the bench said that “even a shoe rack is better than this,” adding that the inspection officer “owes an explanation” to the court.
Comparing the actions against private and government-run eateries, the court noted that while private restaurants were inspected for five to seven hours, a much larger Mantralaya canteen was inspected hastily in just 30 minutes. “You found one cockroach at Park Inn’s restaurant and suspended their licence. But the condition at Mantralaya canteen did not warrant suspension?” the court said.
Stating that “everyone should get one chance to rectify their deficiencies,” the bench added that if private eateries were to be suspended, the Mantralaya canteen should also be subjected to the same standards.
At the same time, the court also appreciated FDA commissioner Tukaram Mundhe’s recent statewide drive against unhygienic kitchens in hotels and restaurants. “In the last 20 years, this is probably the first time that some officer has been doing a laudable job and ensuring all eateries comply with the relevant laws. You are doing a great job. Someone is doing the correct thing, and the public is lauding you. But just ensure not to be biased or unfair. Your medication should not worsen the treatment. What you are doing now is you are shooting first and asking questions later,” the court said.
Match Outlook
Following the court’s observations, the FDA agreed to keep the licence suspensions of Poornima and other affected restaurants in abeyance. “All establishments will be given a chance till Tuesday to rectify the deficiencies, following which fresh inspection will be carried out,” the state government’s lawyer said.
The court also ordered Mundhe to take disciplinary action against the officers who prepared the initial inspection reports for the three Mantralaya canteens and gave them a 98% compliance score. “The report primary facie appears to be unreliable,” the bench said, while posting the matter for further hearing on August 6.
The FDA has been cracking down on allegedly unhygienic eateries since Mundhe took charge as FDA commissioner in May. Since then, the food licences of dozens of high-profile establishments in Mumbai have been suspended, including K Rustom & Co, Jimmy Boy Mahim, Shalimar, Noor Mohammadi, the Cricket Club of India, Willingdon Sports Club, and MIG Cricket Club.
