HC to FDA: Why was license suspended despite 100% compliance? Who will pay for losses?

MUMBAI: “Who will give the petitioner damages for the loss he has suffered each day?” Bombay high court Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad orally asked the Food and Drug Administration on Monday as it restored a hotel’s license which continued to remain suspended over two weeks after 100 pc compliance with rules and license conditions.“The problem is this department (FDA) was sleeping all this while and has now woken up. You have a laudable commissioner (Tukaram Mundhe), but once the petitioner has been certified as 100 per cent compliant, why should the licence remain suspended?” The HC asked the Navi Mumbai bar and restaurant to present on Wednesday the losses it would have suffered since the last inspection on July 14 which should it was all compliant and posted its petition for further orders.The bench said it would consider whether to impose cost on the FDA.”If we remain silent then, we would be failing in our duty,” it said on Monday. said.The HC questioned a Government lawyer why the suspension order was not withdrawn forthwith on the hotel showing 100% compliance over 2 weeks ago, after the second inspection.

Hotel Pawan Bar and Restaurant through its partner Pawan Shetty had petitioned the HC, the third such this month, to challenge as illegal and arbitrary, the suspension order issued by FDA following an inspection. A food safety officer had on June 29, conducted a surprise inspection of the hotel under the provisions of the Food Safety and Standards Act of 2006. The suspension was “forthwith’’ submitted the hotel’s counsel Mayur Khandeparkar but its restoration even after a re-inspection showed 100 % compliance over two weeks ago, was still awaited. Against the suspension order of the FDA an appeal had been filed on July 6, said the hotel’s petition filed through advocate Sagar Shetty, but it was taken up for hearing before the authority only on July 28 and despite the hotel achieving all compliances, the suspension was not revoked and the appeal hearing adjourned to August 4. The hotel thus had come before the HC against the FDA’s actions.The HC also noted that the hotel’s liquor license had also been suspended solely because the food business license, as a principal license, had been suspended.The HC directed all licenses be restored.