Bombay HC questions FDA's clean chit to Mantralaya canteens

Taking a stern view of "partial and selective action" by state authorities, the Bombay High Court on Friday pulled up the Maharashtra Food and Drug Administration (FDA) for granting a clean chit to government canteens while heavily cracking down on private eateries.

A High Court appointed panel of four lawyers had inspected the three canteens inside Mantralaya, the state secretariat, and submitted a report claiming that the canteens were unclean, had broken and open sewage and drainage and the kitchen floors had cockroaches and flies.

The lawyers' report was contrary to the report submitted to the court on Friday by the FDA which had said the canteens were 98 per cent compliant of the Rules.


A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the FDA needs to be "fair, impartial and uniform" in its drive concerning hotels and eateries, including those in government and semi-government establishments.

The bench, after examining the photographs of the Mantralaya canteens submitted by the panel, expressed shock and said FDA ought to issue a notice to these establishments too.

The court was irked to note that for similar deficiencies, the FDA had issued a suspension notice to Poornima restaurant in south Mumbai but the Mantralaya canteens were declared 98 per cent compliant of rules.

Senior counsel Venkatesh Dhond, appearing for Poornima restaurant, had told court the FDA issued a suspension notice without following the due process of law.

"Suspend the licence of Mantralaya (canteens) too then. Either suspend this licence or restore Poornima's licence. We want parity, every individual in this country is equal. No one is above the law," HC said.

It added that everybody needs to be given a chance and if one eatery is bad then the Mantralaya canteens are equally bad and if one restaurant's licence has to be suspended then even those of the Mantralaya canteens have to be suspended.

The FDA lawyers then submitted that the suspension notice to Poornima would be converted to an improvement notice and a re-inspection would be carried out.

The court accepted and said similar notices would be issued to the three canteens at Mantralaya.

"Time would be granted to these places till Tuesday and a fresh inspection shall be carried out by the FDA on Wednesday," HC said posting the matter for further hearing on August 6.

The bench ordered FDA Commissioner Tukaram Mundhe to also review the reports submitted by his officers giving a 98 per cent compliance to the Mantralaya canteens and take appropriate action against them for "lying".

The bench said what the FDA and its commissioner Mundhe were doing was laudable and worthy of being appreciated but at the same time the agency also needed to remain impartial.

"We appreciate the department for the work they are doing, but we only want them to be equal to all. They should not be lopsided towards anyone. They need to be impartial and fair," it said.

It added that the FDA action was "laudable" but the "medication should not be worse than the disease".

"You (FDA) are shooting first and then asking questions. Give them (eateries) sometime to improve. A laudable job can assume bad proportions if there is a bias," HC said.

It added that the situation of eateries, hotels and other establishments in the city may be so bad that half of them would be shut down.

"What will the FDA achieve by this?" HC asked.

Earlier in the day, the FDA submitted to the court a chart detailing all eateries and canteens, including the three on the HC premises and at Mantralaya, as well as private clubs across the city.

According to the chart, the Mantralaya canteens received a 98 per cent cleanliness score.

The court raised doubts over this and asked the authority to submit the inspection photographs and videography.

"Show us the pictures and videos of the Mantralaya canteens when the inspection was carried out. As per FDA, the canteens are spic and span. You (FDA) have submitted photos from the inspection carried out at the Poornima restaurant. Be uniform and fair to all. You cannot target only private properties," the court said.

The court also sought to know from the FDA the circumstances and parameters based on which some eateries were issued improvement notices, while others were directly served with suspension notices.

The bench said it was of the view that the department has to be impartial with all and the law has to be enforced equally so that no person feels different standards are being meted for different groups.