Bombay High Court Revokes FDA Suspension of Radisson Hotel's FSSAI License

• The Bombay High Court has set aside the FDA's decision to suspend Park Inn by Radisson's food licence at Navi Mumbai.
• A fresh inspection found the hotel 95% compliant with relevant rules, despite minor infractions.
• The court's ruling sets a precedent for hotels in India to challenge FDA suspensions based on overall compliance records.
• Minor lapses do not justify continued licence suspension when overall compliance is satisfactory.

The solitary finding regarding the presence of two insects, when viewed in the context of the overall inspection report recording the establishment as 'compliant / satisfactory', does not justify the continued suspension of the petitioner's licence.

The Bombay High Court has set aside the Maharashtra Food and Drug Administration's (FDA) decision to suspend the food licence of Park Inn by Radisson at Navi Mumbai. The court's order was passed after a fresh inspection found the hotel 95% compliant with relevant rules, despite the presence of two insects in the dishwashing and sweets section. This minor infraction did not justify continued suspension when overall compliance was satisfactory.

The Court quashed the FDA order of July 3 and directed authorities to revoke the suspension of the hotel's FSSAI licence, allowing it to resume food business operations.

The case, Sanjay Baburao Nirbhavne v State of Maharashtra & Ors, was filed by the hotel's health officer, Sanjay Nirbhavne, who challenged the FDA's decision to suspend the licence after a surprise inspection on July 2. The court's ruling sets a precedent for hotels in India to challenge FDA suspensions, emphasizing that minor infractions do not justify continued licence suspension when overall compliance is satisfactory.

The Court's order highlights the importance of considering the overall compliance record of establishments when making decisions about licence suspension. This approach acknowledges that even with some minor lapses, hotels can still maintain a satisfactory level of compliance and be allowed to operate.

The Bombay High Court's decision has significant implications for the hospitality industry in India. Hotels and establishments will now have a stronger case when challenging FDA suspensions, particularly if they can demonstrate overall satisfactory compliance with regulations.

This ruling also underscores the need for regulatory bodies to adopt a more nuanced approach when dealing with licence suspension cases. By considering the broader context of an establishment's compliance record, authorities can ensure that their decisions are fair and reasonable.

Lawyers advising hotels in India should note that the Bombay High Court has set a precedent for challenging FDA suspensions, emphasizing that minor infractions do not justify continued licence suspension when overall compliance is satisfactory.

Source: Original reporting via Bombay High Court