While reprimanding the Maharashtra Food and Drug Administration (FDA) for maintaining “double standards” in food safety inspections, the Bombay High Court has held that Maharashtra FDA is legally bound to exercise its power without discrimination. Selective enforcement, where private establishments are penalized while government facilities are shielded through inflated compliance reports, violates the principle of equality. The regulator must prioritize corrective “improvement notices” as a first step for all entities, regardless of their ownership or status.
The Division Bench comprising the Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad observed that the FDA must be “fair, impartial, and uniform,” applying the same hygiene standards to both government-run canteens and private eateries. The Bench rejected the FDA’s 98% cleanliness rating for the State Secretariat canteen, noting a stark contrast between the report and the actual hygiene conditions.
The Court also criticized the FDA for bypassing “improvement notices” and directly suspending private licenses, calling for a uniform procedural approach. Accordingly, a panel of four lawyers was appointed by the Court to conduct surprise inspections to bypass potentially compromised official reports. Further, the license suspension for Poornima Restaurant was converted into a show-cause notice, granting the establishment time to rectify deficiencies.
Briefly, the Maharashtra FDA launched a drive to inspect hotels and eateries across Mumbai. During this drive, the authority summarily suspended the license of Poornima Restaurant, a private eatery in South Mumbai, citing hygiene deficiencies. Simultaneously, the FDA submitted a report to the High Court claiming that the three canteens at Mantralaya and the Vidhan Bhavan were 98% compliant with food safety regulations. The restaurant challenged the FDA’s action as arbitrary and discriminatory, arguing that the regulator bypassed the statutory requirement of issuing an improvement notice before suspension.
