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

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.

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…”