The broom starts swinging a bit too wildly, and the ones getting hit start shouting. That’s roughly where Maharashtra’s Food and Drug Administration finds itself right now under Commissioner Tukaram Mundhe.
Just the other day, the Bombay High Court had some strong words for the department. A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing a petition from the Mumbai Cricket Association. Five eateries inside the MCA complex in Bandra-Kurla Complex had their licences suspended. Hygiene issues, they said, and some confusion over who was actually running the places — licences in MCA’s name, but operations tied to another firm.
A fresh inspection later showed the places were about 88 per cent compliant. Still, the suspension stayed. The court was not amused. “How many times should we try to convince and balance equities so that the department does not feel discouraged?” the bench asked. “Why do we say ‘don’t kill a mosquito with a sword’? Do you feel you are a lord and you can do anything?”
They went further. They said they were tired of scolding the same officers again and again. Time for stinging orders, they warned. Contempt proceedings, maybe even jail if the officers did not listen. The FDA eventually told the court it would withdraw the suspension and issue a proper notice so the MCA could respond. The restaurants got to reopen.
This was not an isolated moment. In another matter around the same time, the court also pushed the FDA to back off against a Cipla facility in Pune. The pattern the judges kept pointing to was the same: too much haste, not enough application of mind, a pedantic reading of rules instead of a practical one, and sometimes a complete miss on natural justice.
Mundhe took charge as FDA Commissioner towards the end of May. Within weeks the department was everywhere. Raids on restaurants, hotels, dairies, warehouses. Licences suspended, stocks seized, notices flying. Old names like K Rustom, Parsi Dairy Farm, clubs, even places linked to big chefs came under the scanner. Fake paneer, adulterated milk, cockroaches in kitchens — the list of findings was long. People who care about what they eat largely cheered. For years the system had felt sleepy. Suddenly it was wide awake.
But courts started seeing a different side. In several cases they stayed or set aside suspensions. One Pune sweets shop had its licence kept suspended even after a re-inspection showed nearly full compliance. The court ordered the FDA to pay the shop five lakh rupees. In other matters the judges repeated the same concern: you cannot shoot first and ask questions later. An improvement notice, a chance to fix things, is usually the fair way unless there is a clear and immediate public health risk. Broken tiles or a couple of insects do not always justify shutting a business overnight.
The court also flagged the need for consistency. When private restaurants were being closed on the same day of inspection, what about government canteens? The FDA did inspect the High Court canteens themselves after the judges raised the point. Two out of three, Mundhe later said, were running without proper licences. Action followed. The message from the bench was simple: be uniform. Do not target only the private side.
Mundhe has stuck to his line. He says the department is following the law, acting in public interest, and will use legal options where it disagrees with court orders. In the sweets shop case he pointed to actual food poisoning reports. His record of transfers — many over the years — is often held up as proof that he does not bend easily. Supporters call him a rare officer who actually does the hard work. Critics say the method has become heavy-handed, that livelihoods are being hit without enough process, and that the department sometimes seems more interested in the drama of raids than in steady, proportionate enforcement.
Food safety is not a joke. People get sick from bad paneer, dirty kitchens, expired stock. A strong regulator is needed. At the same time, the law is not a blunt instrument. Closing a place without giving it a real chance to correct itself, or refusing to lift a suspension after clear improvement, starts looking like power for its own sake. That is what the High Court was reacting to when it asked if the officers felt they were lords.
The MCA restaurants are open again. The FDA has said it will issue fresh notices in the proper way. Whether this becomes a turning point or just another scolding that gets ignored will depend on what happens next. For now the court has drawn a line: enforce the rules, but do it fairly, proportionately, and with some common sense. Kill the mosquito if you must, but leave the sword at home.
Sources:
Hindustan Times, Business Today, Times Now, News18, The Indian Express, and related court reporting from late August 2026.
@Rohit Manral
