HC asks FDA for details of inspections at government eateries

The court was hearing a petition filed by Sanjay Nirbhavane, a representative of hotel Park Inn by Radisson in Navi Mumbai, challenging the suspension of its FSSAI licence over alleged violations of the Food Safety and Standards Act on July 3 after a surprise inspection by FDA officials

MUMBAI: The Bombay High Court on Wednesday directed the Maharashtra government to submit details on inspections conducted by the Food and Drug Administration (FDA) at food establishments run by the government and semi-government institutions, or those running on a contractual basis by government departments.

HC asks FDA for details of inspections at government eateries

The court was hearing a petition filed by Sanjay Nirbhavane, a representative of hotel Park Inn by Radisson in Navi Mumbai, challenging the suspension of its FSSAI licence over alleged violations of the Food Safety and Standards Act on July 3 after a surprise inspection by FDA officials.

On July 17, a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad had directed the FDA commissioner to set up a special committee to inspect the hotel premises to assess whether compliance was made. The court said if the report indicates that all the deficiencies had been taken care of or are within tolerable limits, the suspension order should be withdrawn and the hotel permitted to operate its restaurant.

“I understand they’re intolerant to the aspect of an insect present in the premises. We are concerned about the suspension of the licence. Are those infractions of such nature that it warrants suspension without prior intimation? FDA is doing a laudable job but this is really extreme. If they’re going for suspension, they should specify the measures which, in the opinion of the concerned authority, the food business operator must take, in order to secure compliance. Otherwise it’s a lot of power for them to operate on,” Khandeparkar said.

Government pleader, Neha Bhide, representing the state, argued that the FDA is not operating on a “pick and choose” policy. She pointed out that canteens of the BMC, KEM Hospital and that of the Cricket Club of India (CCI) and other top clubs were also inspected and shut over similar food safety violations.

The court, however, told the state to take a “realistic view” while carrying out such inspections. It directed the state to submit details of inspections conducted at food establishments at government or semi-government offices by Friday.