Case Note & Summary
The petitioner, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, doing business under the brand name 'Goras Bhandar' for about 80 years, challenged two orders: (1) an order dated 31.05.2026 by the Food Safety Officer directing the petitioner to stop all activities and recall all sold food items, and (2) an order dated 01.06.2026 by the Designated Officer suspending the petitioner's license under the Food Safety and Standards Act, 2006. The petitioner claimed that in 80 years, no show cause notice or improvement notice under Section 32 of the Act was ever served. On 31.05.2026, the Food Safety Officer visited the premises, prepared a panchanama, inspected, and immediately passed the order to stop activities and recall food items. The inspection report led to the license suspension order. The court noted that the impugned orders were passed without any show cause notice or opportunity of hearing, violating principles of natural justice. The court held that the orders are unsustainable and set them aside, granting liberty to the respondents to proceed in accordance with law after issuing a show cause notice and giving an opportunity of hearing. The petition was allowed.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Section 32 of Food Safety and Standards Act, 2006 - The court considered whether the suspension of license and direction to stop activities and recall food items without issuing a show cause notice under Section 32 of the Act of 2006 is valid - Held that the impugned orders were passed without giving any show cause notice or opportunity of hearing, violating principles of natural justice, and thus are unsustainable (Paras 6-7).
Issue of Consideration
Whether the suspension of license and direction to stop activities and recall food items without issuing a show cause notice under Section 32 of the Food Safety and Standards Act, 2006 is valid.
Final Decision
The petition is allowed. The impugned orders dated 31.05.2026 and 01.06.2026 are quashed and set aside. The respondents are at liberty to proceed in accordance with law after issuing a show cause notice and giving an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- Show cause notice
- License suspension
- Food safety
- Alternate remedy
