Maha FDA revokes suspension of 5 MCA eateries after HC rap
MUMBAI, Aug. 30 -- The Maharashtra Food and Drugs Administration (FDA) on Saturday withdrew its orders suspending the food safety licences of five eateries at the Mumbai Cricket Association's (MCA) premises in Bandra-Kurla Complex, hours after the Bombay high court came down heavily on the department for passing "mechanical orders" despite its earlier directions.
The state government told a bench of acting chief justice Ravindra Ghuge and justice Gautam Ankhad that the FDA had decided to withdraw the suspension orders after the court warned that contempt proceedings could be initiated against its assistant commissioner.
The court was irked by the manner in which the FDA official had dealt with the matter, observing that the authority appeared to have passed the orders without properly considering the court's earlier directions, the applicable legal provisions and the contractual arrangement between the MCA and the contractor running the food outlets.
On August 25, the bench had directed the FDA to conduct fresh inspections of all the food establishments on the MCA premises and take a fresh decision. It had also restrained the outlets from serving any food other than tea and coffee dispensed through vending machines until then. The FDA was directed to submit its report on Saturday on the findings.
However, when the matter came up at court, the judges noted that the fresh order passed by the assistant commissioner was in the same mechanical format and did not adequately address the issues flagged by the court. The bench had earlier pointed out that the inspection assessment did not mention the marks awarded for various activities, as is normally done in such cases. "There is no mention of the marks which have been granted to various activities, as is normally done in every matter which we have seen in the cases that have come before us," the court had observed.
The court had also specifically directed the FDA to consider the contract between the MCA and Shirke Infrastructure, a partnership firm operating the food outlets. MCA's lawyers had pointed out that under the contract, it was the contractor's obligation to obtain registration or a licence in the name of the MCA for running the catering services.
The judges questioned the haste with which the officials had acted. "Why this haste? You do not read our orders, you do not read the law. You think you are a lord and can do anything..." acting chief justice Ghuge observed....
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