Mumbai, Aug 17 The Bombay High Court on Monday came down heavily on the Maharashtra Food and Drugs Administration (FDA) and ordered it to pay Rs 5 lakh to a Pune-based sweets shop for keeping its license suspended despite a 98 per cent compliance report.
The court said the FDA's intent in carrying out food safety inspections is commendable, but it is going "overboard".
The shop, Gurunanak Dairy and Sweets, in its plea in the HC challenged the FDA's action and said it had lost Rs 8.74 lakh in revenue since its closure in June.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the FDA's order suspending licenses of eateries and hotels was a "strange policy and perverse".
The bench, while permitting the shop to reopen its business, ordered the department to pay the owners Rs 5 lakh compensation within a month.
"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 per cent compliance (in the re-inspection report)," the court said.
As per the plea, on June 12, a food safety officer from the FDA inspected the shop premises pursuant to a complaint of food poisoning and raised concerns over sanitation and staff hygiene. The same day, the department passed an order suspending the shop's license.
The shop then filed an appeal before the FDA Commissioner and also submitted a compliance report.
On July 13, a re-inspection was carried out, and the shop was found to be 98 per cent compliant, but the license was not restored.
The shop owners then submitted a representation to the FDA seeking revocation of the suspension order, but no action was taken, following which they moved the HC.
