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FIR against Chandigarh dentist: ‘Gross misconduct’, PCA recommends inquiry against two police officials for faulty probe

The bench of PCA added that it appears from the circumstances that the police officials were determined to implicate Dr Dhawan in this case on the basis of faulty or no investigation

chandigarhAs per the FIR, the US-based woman, Gertrude D’Souza, had filed a complaint against Dr Mohit Dhawan, a dental specialist, for allegedly cheating her of Rs 7.13 lakh (Archive)

Holding that “…there is a gross misconduct on the part of Police Official Inspector Ashwani Attri and Investigating Officer (IO) Balwinder Singh (since retired) by making faulty investigation and not investigating into the documents produced by complainant Dr. Mohit Dhawan”, the Police Complaints Authority (PCA) of Chandigarh has recommended a departmental inquiry against Ashwani Attri and Balwinder Singh for not conducting the investigation in a professional manner in connection with the cheating FIR registered by US national Gertrude D’Souza against city-based dentist Dr Mohit Dhawan.

A bench of Justice Kuldip Singh (Chairman) and Amarjot Singh Gill (Member) in an order said that an appropriate action under the rules should be taken against them as permissible under rules/law.

As per the FIR registered at Sector 19 police station, Chandigarh, the US-based woman, Gertrude D’Souza, had filed a complaint against Dr Mohit Dhawan, a dental specialist who runs a clinic in Sector 21, for allegedly cheating her of Rs 7.13 lakh by providing dental implants of “poor quality” and also on the pretext of bearing the expenses of her hotel stay here and of travel to several hill stations. The alleged episode dates to October 2017. D’Souza came to India for dental implantation in August, 2017.

Dr Dhawan however filed a complaint at PCA, Chandigarh, in 2018, after the registration of FIR against him.

At PCA, Dr Dhawan alleged that then SHO Inspector Ashwani Attari and IO Balwinder Singh, ignored the guidelines of the Supreme Court for constituting a Medical Board before registration of the criminal case as held in Jacob Mathew versus State of Punjab, and the two Police officials also conducted a false investigation and got false contents in the FIR and got it published in the newspapers for next morning to defame him. The said police officials did not even once try to physically verify the facts by summoning D’Souza, in the Police Station Sector-19, Chandigarh and created forged entries and forged documents to conceal the involvement of other police officials.

Inspector Ashwani Attari and IO Balwinder Singh, however, in reply submitted that there was no need of getting a medical board constituted as it is not a case of medical negligence but a case of cheating and forgery.

A short reply was also filed by the then DSP (East), Satish Kumar, on behalf of Chandigarh before the Punjab and Haryana HC in an application filed by Dhawan, wherein the DSP justified that the “dental tourism package was offered for USD 10,500 which included implants procedure and stay at 5 stars hotels, airfares and sightseeing at Shimla and Taj Mahal, Agra. Complainant was never put in 5 star hotel. She was never taken for tourism to Shimla and Agra…complainant (D’Souza) suffered negligence at the hands of Dr Mohit Dhawan and that he failed to perform his duties and due care towards the complainant. It was further stand of DSP that FIR has been registered after preliminary inquiry and obtaining legal opinion.

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On hearing the matter, the PCA held that “it is an alleged case of deficiency in services where the patient is not satisfied with the services provided by the doctor and did not provide follow-up treatment…She (D’Souza) never requested for registration of a criminal case against the doctor. However, police proceeded to register the FIR…”

Apparently, it is a case where the patient is not satisfied with the treatment and the facilities provided as per package. Therefore, it does not make out any criminal offence; rather D’Souza could claim compensation from Consumer Commission for alleged deficiency in services, said the PCA.

The bench of PCA added that it appears from the circumstances that the police officials were determined to implicate Dr Dhawan in this case on the basis of faulty or no investigation, and his reputation also suffered due to criminal prosecution.

The PCA Bench recommended “…to enquire into the role of DSP Satish Kumar and ASI Gurvinder Singh who summoned Dr Mohit Dhawan without any registered complaint…”

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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