Bombay HC Pulls Up Maharashtra FDA Over Orders on MCA Eateries and Cipla
The Bombay High Court on Saturday rebuked the Maharashtra Food and Drugs Administration for acting with "undue haste" and violating the principles of natural justice, leading the regulator to withdraw enforcement actions against five eateries at the Mumbai Cricket Association premises in Bandra-Kurla Complex and a pharmaceutical facility in Pune.
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad pulled up the Tukaram Mundhe-led agency, questioning whether officials believed they could act without legal restraint. Following the court's strong remarks, the FDA agreed to withdraw its suspension orders against the five restaurants located on the MCA premises in Bandra-Kurla Complex.
The high court noted that a fresh inspection showed the MCA eateries were 88 per cent compliant with food safety regulations. While the FDA had maintained the suspension because the eateries were run by M/s Shirke Infrastructure under licences issued in MCA's name, the bench pointed out that no provision in law prohibited such an arrangement.
Warning the FDA of potential contempt proceedings, the judges stated that the department had repeatedly ignored previous directions to adopt a pragmatic view rather than a pedantic approach. In response to the court's warning, the FDA agreed to vacate the suspension, permit the eateries to resume operations, and issue a fresh notice followed by a hearing regarding the contract between MCA and Shirke Infrastructure.
In a related development during the hearing, the regulator also withdrew its cancellation of the drug sale licence for Cipla Pharma and Life Sciences Limited's carrying and forwarding facility at Wadki in Pune. The FDA had cancelled the licence effective August 27 following an inquiry into the packaging and recall of Reactin Plus tablets.
The bench criticized the FDA for summoning a Cipla representative for a hearing on a state government-declared public holiday, observing that the agency had followed improper procedure and acted in a high-handed manner.
