The Bombay High Court on Friday questioned the Maharashtra Food and Drug Administration (FDA) over its inspection report certifying staff canteens at Mantralaya and Vidhan Bhawan as "98% compliant", after photographs submitted by court-appointed advocates allegedly showed unhygienic conditions at the establishments.
A division bench of acting chief justice Ravindra V. Ghuge and justice Gautam Ankhad also questioned why private eateries facing alleged food safety violations were subjected to immediate licence suspensions while similar action had not been taken against government-run canteens.
The observations were made while hearing separate petitions filed by a representative of Park Inn by Radisson in Navi Mumbai and Poornima restaurant in Mumbai's Fort area. Both establishments challenged the immediate suspension of their food licences following surprise inspections by FDA officials. The petitioners argued that the suspensions were imposed without issuing a 14-day improvement notice as required under the Food Safety and Standards Act.
Senior advocate Venkatesh Dhond, appearing for Poornima restaurant, submitted that the inspection had been conducted after lunch while the kitchen was being cleaned and continued for nearly five hours. According to the FDA, fungal growth on stored raw vegetables, peeling paint and rust were among the deficiencies cited while suspending the licence. Dhond argued that the deficiencies did not warrant immediate suspension and that the restaurant should have first been issued an improvement notice to rectify them.
During the hearing, the court sought details about hygiene standards at the government-run canteens in Mantralaya and Vidhan Bhawan and appointed four advocates to inspect the premises and submit a report.
After the advocates reported allegedly unhygienic conditions at the canteens, the bench questioned how the facilities had been certified as "98% compliant". Referring to the photographs placed before it, the court observed that "even a shoe rack is better than this" and said the inspection officer owed an explanation.
The bench also compared the inspections carried out at private establishments and government canteens, noting that private restaurants had been inspected for five to seven hours, whereas the much larger Mantralaya canteen had reportedly been inspected in about 30 minutes. The court questioned why a licence was suspended after a cockroach was allegedly found at Park Inn's restaurant while similar action had not been taken against the Mantralaya canteen.
At the same time, the court appreciated FDA commissioner Tukaram Mundhe's statewide drive against unhygienic kitchens in hotels and restaurants, but said the enforcement should be uniform and fair. It observed that establishments should be given an opportunity to rectify deficiencies before suspension wherever applicable.
Following the court's observations, the FDA agreed to keep the licence suspensions of Poornima and other affected establishments in abeyance until Tuesday, allowing them time to rectify deficiencies before fresh inspections. The court also directed Mundhe to initiate disciplinary action against the officers who prepared the inspection reports for the three Mantralaya canteens, observing that the 98% compliance report appeared prima facie unreliable. The matter has been posted for further hearing on August 6.