Bombay High Court Pulls Up Maharashtra FDA for Hasty Actions, Forces Rollback

The Bombay High Court on Saturday delivered a sharp rebuke to the Maharashtra Food and Drugs Administration (FDA), forcing the regulator to reverse two significant enforcement actions after accusing it of acting with 'undue haste' and disregarding legal principles.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned the FDA's approach, asking, "Do you feel you are a Lord and you can do anything?" The court's remarks came as it reviewed the agency's actions against eateries on the Mumbai Cricket Association (MCA) premises and a pharmaceutical company.

In the first instance, the FDA withdrew its order cancelling the drug sale licence of Cipla Pharma and Life Sciences Limited's unit in Pune. The court had criticised the regulator for behaving in a 'high-handed' manner and for following a wrong procedure, stating the order was against the principles of natural justice. The licence had been cancelled following an investigation into the packaging and recall of Reactin Plus tablets.

The court also noted that the FDA had called a company representative for a hearing on a state-declared public holiday, further highlighting procedural lapses.

In a separate matter, the FDA informed the court it would withdraw its order suspending operations of five restaurants at the MCA's Bandra-Kurla Complex. This followed a fresh inspection showing the eateries were 88 per cent compliant with food safety rules. The court had warned of stinging orders and contempt action against officials for taking a 'pedantic instead of pragmatic view'.

The court observed that the licences for the eateries were issued in the MCA's name but were being operated by another entity, M/s Shirke Infrastructure. It noted there was no legal provision prohibiting this arrangement. The FDA has now agreed to issue a fresh notice to MCA and grant a hearing on the contract issue before passing a reasoned order.

With the eateries now deemed compliant, the court vacated the suspension order, allowing them to reopen. The bench expressed frustration at the FDA's repeated need for correction, stating, "We are tired of scolding the department and officers all the time. It is now time to pass stinging orders."