2 weeks ago
Bombay HC fines Maharashtra FDA over Pune sweet shop licence
A sweets shop in Pune called Gurunanak Dairy and Sweets got into trouble with the food safety department.
Someone complained that people got sick after eating there.
The department checked the shop and found small problems with cleanliness and staff hygiene.
It suspended the shop's licence on June 12.
The shop owners fixed the problems and asked for another check.
The second check on July 13 showed the shop was 98 per cent okay.
But the department still did not give the licence back.
The shop lost money because it could not open.
The shop went to the Bombay High Court, and the judges said the department was going too far.
The court told the department to pay the shop Rs 5 lakh and let it open again.
The Bombay High Court directed the Maharashtra FDA to pay Rs 5 lakh compensation to Pune sweets shop Gurunanak Dairy and Sweets.
The shop's licence was suspended on June 12 after a food poisoning complaint and an inspection flagged hygiene and sanitation concerns.
A re-inspection on July 13 found the shop 98 per cent compliant (35 of 36 points), but the licence was not restored.
The bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad called the continued suspension 'perverse' and said the FDA was going 'overboard' and 'torturing citizens'.
The court quashed the suspension and allowed the shop to reopen; FDA Commissioner Tukaram Mundhe said he would examine the order before responding.
- Who
- A Bombay High Court bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, the Maharashtra Food and Drug Administration, and Pune sweets shop Gurunanak Dairy and Sweets.
- What
- The court directed the FDA to pay Rs 5 lakh compensation and restore the shop's licence, which had remained suspended despite a 98 per cent compliance report from a re-inspection.
- Where
- Bombay High Court in Mumbai; the shop is in Pune, Maharashtra.
- When
- Monday, August 17, per the PTI report; the licence was suspended on June 12 and the re-inspection took place on July 13.
- Why
- The FDA kept the licence suspended despite a 98 per cent compliance re-inspection, causing the shop to claim Rs 8.74 lakh in lost revenue; the court called the action 'perverse' and said the FDA was 'torturing citizens'.
Food safety enforcement
Business impact
Suspending licences after food poisoning complaints
Food safety enforcement
The FDA's intention to act on food safety complaints is 'laudable', and regulators should act firmly to protect public health, as highlighted by the court and the FDA's wider inspection drive.
Business impact
Keeping the licence suspended despite a 98 per cent compliance re-inspection was 'perverse' and 'torturing citizens', causing the shop Rs 8.74 lakh in lost revenue, the court ruled.
Key facts
- Court
- Bombay High Court
- Compensation ordered
- Rs 5 lakh, payable within 30 days
- Affected business
- Gurunanak Dairy and Sweets, Pune
- Licence suspension
- June 12, following a food poisoning complaint
- Re-inspection compliance
- 98 per cent (35 of 36 points) on July 13
- Revenue loss claimed
- Rs 8.74 lakh since June closure
- FDA Commissioner
- Tukaram Mundhe
- FDA statewide drive (Aug 13)
- 86 online-delivery establishments inspected; 14 licences suspended
Quotes
Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad
Justice presiding over the High Court case
“This is plain and simple perversity. Absolute strange policies. Least said, the better. Once you clear with 98 per cent, you say, now, go and file an appeal. What is this? Torturing citizens.”
deccanchronicle.com
““We have observed that your intention is laudable and some department has at least stood up. But you are going overboard.””
theprint.in










