HC to FDA: Treat private, govt-run eateries equally
MUMBAI, Aug. 1 -- 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 Bhavan as "98% compliant", even as photographs submitted by court-appointed advocates showed allegedly unhygienic conditions at the establishments.
A division bench of acting chief justice Ravindra V Ghuge and justice Gautam Ankhad also asked the state government agency why private eateries with food safety violations were being subjected to immediate licence suspensions, while government-run canteens were not.
The court was hearing two petitions, one filed by Park Inn by Radisson hotel in Navi Mumbai and another by 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, "It did not warrant immediate suspension. Just because you have the power to suspend doesn't mean you'll suspend."
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 said, "You found one cockroach at Park Inn's restaurant and suspended their licence. But the condition at Mantralaya canteen did not warrant suspension?"
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 the FDA to take disciplinary action against officers who prepared the inspection reports for the Mantralaya canteens and gave them a 98% compliance score....
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