Bombay HC rebukes FDA over MCA eateries licence suspension, warns of contempt

The Bombay High Court on Friday sharply rebuked senior officials of the Maharashtra Food and Drugs Administration (FDA) led by Commissioner Tukaram Mundhe, warning them of possible contempt action and even imprisonment after the court found the agency had acted in a “pedantic instead of pragmatic” manner in suspending the licences of five restaurants operating within the Mumbai Cricket Association (MCA) premises in the Bandra-Kurla Complex.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned whether the FDA officials considered themselves “lords” empowered to act without regard for legal propriety. Following the court’s strong observations, the Maharashtra FDA announced on Saturday that it would withdraw its order suspending the licences of the five food outlets.

The court vacated the suspension after the FDA submitted a fresh inspection report confirming that the restaurants met 88 percent compliance with food safety regulations. The MCA had approached the high court challenging the FDA’s decision, citing alleged hygiene violations and third-party operational irregularities as grounds for suspension.

During the hearing, the FDA maintained that it stood by its suspension despite the 88 percent compliance rate, arguing that the eateries were operated by M/s Shirke Infrastructure even though the licences were registered in the MCA’s name. The court, however, found such reasoning legally unsustainable.

The bench noted that there was no legal provision prohibiting the same entity from operating under contract while holding the licence in another’s name. It reminded the FDA that during the previous hearing it had explicitly directed officials to adopt a practical and balanced approach.

“However, despite clearly saying this, the FDA has disobeyed our order and taken a pedantic view instead of a pragmatic view,” the court stated. “We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail.”

The court also questioned the FDA’s tendency to act in “undue haste” without proper legal analysis, asking why officials persisted in issuing orders that disregarded judicial guidance. “How many times should we try to balance equities so that the department does not feel discouraged? Why do we say don't kill a mosquito with a sword? Do you feel you are a lord and you can do anything?” the bench remarked.

In response, Additional Government Pleader P P Kakade informed the court that the FDA would withdraw the suspension order. The court accepted this submission and vacated the suspension, allowing the restaurants to resume operations.

The Maharashtra FDA further stated that it would issue a fresh notice to the MCA, provide an opportunity for a hearing regarding its contract with Shirke Infrastructure, and then pass a reasoned order in due course.

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