Bombay HC Flags Natural Justice Concerns; Maharashtra FDA Withdraws Cipla Order

Bombay HC Flags Natural Justice Concerns; Maharashtra FDA Withdraws Cipla Order

Setback for Tukaram Mundhe-Led Maharashtra FDA as Bombay HC Questions ‘Undue Haste’

Court Questions FDA Action Against Cipla Facility, Cites Natural Justice

Mumbai: The Maharashtra Food and Drug Administration (FDA), led by Commissioner Tukaram Mundhe, has faced a setback after the Bombay High Court questioned the manner in which action was taken against a Cipla facility.

During the proceedings, the High Court reportedly flagged what it described as “undue haste” in the FDA's action and raised concerns over the principles of natural justice.

The court also questioned the approach adopted by the regulator, reportedly asking, “Do you think you're Lord?” In another observation, the court remarked, “Don't kill a mosquito with a sword,” highlighting concerns about proportionality in regulatory action.

Following the court's intervention, the Maharashtra FDA withdrew its order against the Cipla facility.

The development is being viewed as a significant setback for the FDA's enforcement approach and has brought renewed attention to the need for regulatory action to follow due process and principles of natural justice.