MUMBAI: Bombay high court on Monday directed the Food and Drugs Administration (FDA) to pay a Pune based dairy and sweets retailer Rs 5 lakh towards”losses” for not revoking the suspension of its food licence despite 98 % compliance.Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad also vacated the June 12 suspension order “forthwith” and granted M/s Gurunanak Dairy and Sweets “liberty to restart retail business in dairy and sweets.”The Wadgaon Sheri-based retailer’s license was suspended following an incident of food poisoning on June 12. According to the petition, on June 12 the FDA suspended its food licence and directed closure of its business without improvement notice nor hearing. On July 13, on re-inspection by the Food Safety Officer it achieved 98% compliance. Yet the suspension order continued to remain in force. Therefore July 15 an appeal was filed before the FDA commissioner. As the appeal had not been decided and was causing hardship to the petitioner and its workers, the retailer approached the HC.Its advocate Abhijeet Desai submitted that despite all lacunae being removed and compliance carried out, the suspension order was not revoked. He cited a similar case of another Pune establishment Pind Punjab where HC on July 16 ruled that the previous suspending order became void after fresh inspection confirmed 100% compliance with safety norms. The judges said they had earlier observed that FDA’s intention is “laudable” and that “some department has at least stood up.” “But you are going overboard. You should have immediately revoked the suspension of the licence once you noticed 98% compliance,” said Justice Ghuge.The State’s advocate said the petitioner’s appeal was pending before the commissioner and was closed for order on August 11. But the judges said it “plain and simple perversity” and a “strange” policy. They said once the FDA recorded 98% compliance, “you say, now go and file an appeal.” “What is this? Torturing citizens,’’ said Justice Ghuge. The judges also asked Desai what the shop’s daily earnings were . He replied it was approximately Rs 25,000/- per day. Desai said from the date of compliance, it has been 34 days and a loss of Rs 8. 5 lakh.In the order, the judges noted that State’s submission was “unconvincing” and that pendency of appeal was not an impediment to revoke retailer’s licence. “The petitioner scoring 98 % compliance should have fetched an order of instant revocation of the suspension order. The lame excuse that an appeal is pending should not have been put forth,’’ they addedConsidering FDA’s compliance report dealt with aspects including cleanliness, hygiene, maintenance and sanitation in which the petitioner had scored 98%, the judges deemed it appropriate to direct FDA to pay Rs 5lakh “compensation for losses. They further directed that FDA shall deposit the amount in court within 30 days and also allowed the petitioner liberty to withdraw the amount.
