3 days ago
Bombay High Court Rebukes Maharashtra FDA Over Enforcement
The Maharashtra FDA had shut five restaurants and cancelled a Cipla drug-sale licence.
The Bombay High Court said the regulator may have acted too quickly and unfairly.
The court questioned whether the punishments were too severe for the alleged problems.
A new inspection found the restaurants were 88% compliant with food-safety rules.
The court also said Cipla was called to a hearing on a government-declared public holiday.
It said this did not follow basic fairness rules.
The FDA then withdrew both orders.
The court’s message was that safety enforcement is important, but regulators must still follow the law.
The Bombay High Court criticized the Maharashtra FDA for alleged haste, procedural lapses and disproportionate enforcement.
The FDA withdrew suspension orders against five eateries at the Mumbai Cricket Association premises after court intervention.
A later inspection found the five eateries 88% compliant with food-safety requirements.
The court said the FDA improperly cancelled Cipla’s drug-sale licence after summoning a representative on a public holiday.
The FDA withdrew the Cipla cancellation order and restored the facility’s licence following the court’s criticism.
- Who
- The Bombay High Court, the Maharashtra Food and Drugs Administration, Cipla and five eateries at the Mumbai Cricket Association premises were involved.
- What
- The court criticized FDA orders suspending five restaurant licences and cancelling Cipla’s drug-sale licence; the FDA subsequently withdrew both orders.
- Where
- The restaurant case concerned Mumbai Cricket Association premises in Bandra-Kurla Complex, while the Cipla facility was at Wadki in Pune.
- When
- The proceedings occurred during the FDA’s enforcement drive; Cipla’s representative had been called for a hearing on August 26, described as a Maharashtra government-declared public holiday.
- Why
- The court cited alleged undue haste, procedural lapses, a high-handed approach and failures to follow natural justice and proportionality.
Bombay High Court’s Concerns
FDA Enforcement Position
Strictness versus proportionality
Bombay High Court’s Concerns
The court said the FDA had gone overboard, taken a pedantic rather than pragmatic view and used disproportionate enforcement.
FDA Enforcement Position
The FDA pursued licence suspensions and cancellation as part of a wider drive against alleged food- and drug-safety violations.
Procedure and natural justice
Bombay High Court’s Concerns
The court said the FDA acted with undue haste and high-handedness, and that the Cipla hearing procedure violated principles of natural justice.
FDA Enforcement Position
The FDA initially maintained its actions, but later agreed to withdraw both orders after the court’s intervention.
Restaurant compliance
Bombay High Court’s Concerns
The court emphasized that a later inspection found the five eateries 88% compliant and allowed them to reopen after the FDA withdrew its suspension order.
FDA Enforcement Position
The FDA had initially suspended the eateries’ licences as part of its enforcement action, despite the later compliance finding.
Key facts
- Regulator
- Maharashtra Food and Drugs Administration, led during the enforcement drive by Commissioner Tukaram Mundhe.
- Court
- Bombay High Court.
- Restaurants affected
- Five eateries at the Mumbai Cricket Association’s Bandra-Kurla Complex premises.
- Compliance finding
- A fresh inspection found the five eateries 88% compliant with food-safety requirements.
- Pharmaceutical company
- Cipla’s Pharma & Life Sciences facility at Wadki in Pune.
- Procedural issue
- Cipla’s representative was called for a hearing on August 26, a public holiday declared by the Maharashtra government.
- Outcome
- The FDA withdrew both the restaurant suspension order and Cipla’s licence-cancellation order.
Quotes
Bombay High Court bench
The judicial bench hearing the FDA-related cases
“How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say don't kill a mosquito with a sword? Do you feel you are a Lord and you can do anything?”
wionews.com
“This is not the first time this is happening. You have wronged, and now you have to resolve the issue.”
wionews.com
Sources
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