"No VVIP Above Law": Bombay High Court Pulls Up FDA Over 'False' Food Safety Reports For State-Run Canteens

The Bombay High Court on Friday (July 31) came down heavily on the Maharashtra Food and Drugs Administration (FDA) over what it described as "false" food safety inspection reports submitted in respect of canteens operating in the State Secretariat (Mantralaya) and Vidhan Bhavan.

Observing that "no VVIP is above the law", the Court directed the FDA Commissioner to take disciplinary action against the officers who prepared the reports and emphasised that the authority must apply the same standards to government-run canteens as it does to private eateries.

A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that the FDA must remain "impartial, fair and uniform" while inspecting food establishments, irrespective of whether they are State-run or privately owned.

The observations came while the Court was hearing petitions filed by Poornima, a popular South Indian restaurant in Fort, Mumbai, and Park Inn by Radisson, Navi Mumbai, challenging the FDA's decision to suspend their FSSAI licences after inspections allegedly found minor defects, including black spots on fruits and vegetables in Poornima and insects at the hotel.

Earlier this week, the Bench had directed the FDA to conduct surprise inspections of canteens operating in government and semi-government establishments and submit a report. Pursuant to the order, the FDA inspected four canteens in the High Court premises and three canteens in Mantralaya and Vidhan Bhavan. While the High Court canteens were found to have certain deficiencies, the FDA reported that the canteens in Mantralaya and Vidhan Bhavan were 98% compliant with food safety norms.

To ascertain the correctness of the report, the Bench appointed advocates Kainaz Irani, Swanand Ganoo, Firoz Bharucha and Chandrakant Chavan to independently inspect the Mantralaya canteens after the lunch session.

The advocates' report contradicted the FDA's findings. Photographs placed before the Court showed unhygienic conditions, including dirty cooking and washing areas, mosquitoes and flies, food kept uncovered or covered with dirty cloth, leaking drainage pipes, broken and dirty tiles, and a refrigerator that was in "shambles."

Expressing its displeasure at the revelations, the Bench remarked,

"You suspended the licenses just because some black dot was found on a banana and few vegetables but now what about your own canteen in Mantralaya? The photos have falsified your reports... Photos speak louder than words. If you have suspended the licence of these eateries (Poornima and Radisson) just because there were some black dots or two insect, you should suspend the licence of Mantralaya canteens too... There should be parity... Every citizen is equal and in this country no one can be above the law... VVIPS are surely not above law. In fact, it was we who told you to inspect our High Court canteens and upon some issues pointed out, the Bar Associations kept the canteens shut... But when you inspect your own home, you are biased... What kind of attitude is this?" ACJ Ghuge remarked. 

When it was pointed out that there were flies even in Poornima, ACJ Ghuge remarked, "We live in India, flies are everywhere... Even in High Court we have flies."

Looking at the photos submitted by the advocates, ACJ Ghuge pointed to the photographs of the Mantralaya Canteen's refrigerator and remarked, "Even a shoe rack is better than this...We want the officers who prepared the said reports giving 98 per cent compliant scores to this canteen, to explain to us... They owe us an explanation."

The bench then suggested Chief Government Pleader Anjali Helekar and Assistant Government Pleader Pooja Patil to give a second chance to the two hotels and consider keeping the suspension of licence in abeyance and issue an 'improvement' notice to the two eateries and give them an opportunity to correct the alleged defects. 

"A second chance must be given to everybody... Even we give everybody a second chance... Why suspension notice on same day of inspection and why not improvement notice given to private eateries? If you say this (Poornima) is bad then this (Mantralaya canteen) is also bad... If they are to be suspended the licences of these canteens, too should be suspended...What if we apply such law on petitions? We do give multiple chances to everybody... you straight away go and suspend licenses... What is all this?" ACJ Ghuge observed. 

At the same time, the Bench appreciated the overall work undertaken by the FDA under its present Commissioner, observing that the authority had taken commendable steps to improve food safety standards across Maharashtra after years of lax enforcement.

"You (FDA) are doing a great job this is laudable... Someone is doing what the correct thing is in the last 20 years... Even the public is lauding your work and supporting you... But just ensure you don't be bias or unfair, your medication should not worst than the disease... What you are doing now is you are shooting first and asking questions later... Avoid being bias when it comes to State or its instrumentalities run eateries... Be fair and impartial to both private and State run establishments," ACJ Ghuge emphasised. 

After the Court's intervention, the State agreed to keep in abeyance the suspension of licence of the two eateries and issue "improvement notices" to both of them and also to the canteens at Mantralaya and Vidhan Bhavan, granting them time till Tuesday to correct the defects, if any.

Fresh inspections would be done on Wednesday early morning, Helekar submitted. 

From the material placed on record, the judges noted that while the FDA officials took at least five hours to inspect Poornima and nine hours at Radisson, they completed the inspection of the three canteens in Mantralaya and Vidhan Bhavan only in 30 mins to 45 mins. It was further noted that the reports granting 98 per cent compliant score to the three State-run eateries, the said reports were merely a 'copy paste' exercise and an 'eyewash.'

Therefore, the judges ordered FDA Chief Tukaram Munde, to take disciplinary action against the officers, who prepared the initial inspection reports of the three Mantralaya canteens.

"We deem it appropriate to record that we expect the Commissioner of FDA to scrutinise these reports allocating 98 per cent unfitomly to the three canteens which primary facie appears to us to be unreliable and deal with the said officer who have generated such reports... We would expect Compliance of these observations in the future hearing in these matters," the bench ordered. 

Hearing in these petitions has been adjourned till August 6.

Appearance:

Senior Advocate Venkatesh Dhond represented the Poornima Restaurant.

Advocate Mayur Khandeparkar represented Park Inn By Radisson. 

Case Title: Poornima Restaurant vs State of Maharashtra (WP/3582/2026)