Mumbai: The Bombay high court on Monday directed the Food and Drug Administration (FDA) to pay a Pune 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 vacated the June 12 suspension order “forthwith” and granted Gurunanak Dairy and Sweets in Wadgaon Sheri “liberty” to restart its retail business.The retailer’s licence was suspended after a June 11 food poisoning incident. According to the petition, on June 12 the FDA suspended its food licence and directed closure of business without improvement notice or hearing. On July 13, on re-inspection by the food safety officer, it achieved 98% compliance but the suspension order remained. On July 15 an appeal was filed before the FDA commissioner. As it was not decided, the retailer moved the high court.For Gurunanak Dairy and Sweets, advocate Abhijeet Desai cited Pune’s Pind Punjab case where the high court on July 16 ruled that the suspending order became void after fresh inspection confirmed 100% compliance. The judges recalled 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 advocate for the state said the petitioner’s appeal against suspension was pending before the commissioner. It was closed for order on August 11. But the judges said this is “plain and simple perversity” and a “strange” policy.“Once you clear 98%, you say, now go and file an appeal. What is this? Torturing citizens,’’ said acting Chief Justice Ghuge.To the judges query on the shop’s daily earnings, Desai replied it was about Rs 25,000. He said from the date of compliance, it had been 34 days and nearly Rs 8.5 lakh was the loss.In the order, the judges said the state should not have put forth the “lame excuse” of pending appeal. “The petitioner scoring 98 % compliance should have fetched an order of instant revocation of the suspension order,” they said.Considering FDA’s compliance report, they deemed it appropriate to direct the FDA to compensate the petitioner’s losses with payment of Rs 5 lakh. The FDA shall deposit the amount in the high court within 30 days and “the petitioner is at liberty to withdraw it”.
