Intent laudable, but going 'overboard': Court fines Maharashtra FDA ₹5L
What's the story
The Bombay High Court has ordered the Maharashtra Food and Drugs Administration (FDA) to pay ₹5 lakh to a Pune-based sweets shop, Gurunanak Dairy and Sweets. The court said that while the FDA's intent was praiseworthy, it found the department's decision to keep the shop's license suspended despite a 98% compliance report as "going overboard." The bench, comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, termed the FDA's policy of suspending licenses as "strange" and "perverse."
License suspension
Court allows reopening of business
The court allowed Gurunanak Dairy and Sweets to reopen its business and directed the FDA to pay ₹5 lakh compensation within a month.
The sweets shop said it had lost ₹8.74 lakh in revenue since June due to the license suspension.
The department maintained that the business could not reopen since an internal appeal against the suspension was still underway but the court wasn't convinced.
Legal proceedings
'We have observed that your intention is laudable...'
The bench called the reason a "lame excuse" and questioned the logic of asking a business to appeal after receiving a nearly flawless compliance score.
"We have observed that your intention is laudable and some department has at least stood up. But you are going overboard. You should have immediately revoked the suspension of the license once you noticed 98 percent compliance (in the re-inspection report)," the bench said.
Commissioner response
Tukaram Mundhe reacts to court's decision
The legal battle started after a food safety officer inspected Gurunanak Dairy and Sweets on June 12, following a food poisoning complaint.
The same day, the shop's license was suspended.
FDA Commissioner Tukaram Mundhe, who has been making headlines for leading raids at unhygienic eateries, said he would review the court's order before responding.
"FDA would act according to the law...We go as per the law, as per the processes, we follow it, and we implement it," he added.