The Bombay High Court on Saturday strongly criticised the Maharashtra Food and Drugs Administration (FDA), led by commissioner Tukaram Mundhe, over what it described as an overly hasty approach in two separate enforcement matters.
The court questioned the regulator’s actions while hearing cases involving five restaurants operating on the premises of the Mumbai Cricket Association (MCA) in Bandra-Kurla Complex and Cipla Pharma & Life Sciences Ltd’s facility in Pune.
During the hearing, the bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned the FDA’s approach and asked, “Do you feel you are a Lord and you can do anything?”
Court criticises FDA over MCA eateries
The FDA had suspended the operations of five restaurants at the MCA premises. However, a subsequent inspection found that the eateries were 88 per cent compliant with food-safety regulations.
The court noted that the FDA had taken what it called a “pedantic” rather than pragmatic view regarding the contractual arrangement under which the eateries were being operated by M/s Shirke Infrastructure, although their licences were issued in the name of the MCA.
The bench said there was no legal provision prohibiting such an arrangement and reminded the FDA that it had previously been asked to apply its mind and take a pragmatic approach.
The court warned that contempt proceedings could be initiated against officials if its directions were not followed.
Following the court’s intervention, the FDA agreed to withdraw its suspension order. It said it would issue a fresh notice to the MCA, provide an opportunity for a hearing and then pass a reasoned order.
Since the eateries had been found compliant during the fresh inspection, the court said the suspension order stood vacated, allowing the restaurants to reopen.
Cipla licence cancellation also questioned
The court also criticised the FDA over its action against Cipla Pharma & Life Sciences Ltd’s carrying and forwarding facility at Wadki in Pune.
The FDA had cancelled the facility’s drug sale licences with effect from August 27 following alleged violations detected during a follow-up investigation into the packaging and recall of Reactin Plus tablets.
The bench questioned the procedure followed by the FDA, including an email asking a company representative to appear for a hearing on a state government-declared public holiday.
The court said the regulator had gone “overboard” and described its conduct as “high-handed”. It also observed that the order was contrary to the principles of natural justice.
The FDA subsequently agreed to withdraw the licence cancellation order.
Court urges regulator to follow due process
While acknowledging the FDA’s role in enforcing food and drug safety regulations, the court stressed that enforcement must be carried out according to law and established principles of natural justice.
The bench questioned why the department repeatedly appeared to act in undue haste and warned that officials could face contempt action if court directions were disregarded.
The proceedings serve as a reminder that regulatory authorities must balance strict enforcement with due process, proper application of the law and an opportunity for affected parties to be heard.
