Court dismisses writ petition challenging FIR recommendation against Dr. Vevek Choudhary over alleged irregularities in medical equipment procurement.
In a significant ruling, the Chhattisgarh High Court has dismissed the writ petition filed by Dr. Vevek Choudhary, who challenged the inquiry report recommending the registration of an FIR against him for alleged irregularities in the procurement of PET CT Scan and Gamma Camera machines at Dr. Bhimrao Ambedkar Memorial Hospital, Raipur. The decision, delivered by Justice Bibhu Datta Guru on March 18, 2026, underscores the principles of natural justice, affirming that a prospective accused does not have a vested right to a pre-decisional hearing before the initiation of criminal proceedings.
The case revolved around the alleged misappropriation of approximately Rs. 18.45 crores from the state exchequer in the procurement process. The inquiry committee, appointed by the state government, reported procedural lapses and irregularities, prompting a recommendation for an FIR. Dr. Choudhary, who served as Joint Director-cum-Superintendent at the hospital, argued that he was not involved in the decision-making process and that his role was limited to providing technical specifications and clarifications.
Despite these arguments, the court found that Dr. Choudhary was actively involved at crucial stages of the procurement process, contributing to the procedural irregularities noted in the inquiry report. Justice Guru emphasized that the inquiry committee was a fact-finding body assisting the government, and its actions did not impose civil or penal consequences, thus negating the requirement for strict adherence to natural justice principles at this stage.
The ruling highlights the court's stance that investigation powers lie within the exclusive domain of the investigating agency, and judicial interference should be minimal unless exceptional circumstances exist. Referencing precedents such as "State Bank of India v. Rajesh Agarwal" and "Anju Chaudhary v. State of U.P.," the judgment reiterated the consistent legal position that no right of hearing is required before FIR registration in criminal cases.
This decision marks a pivotal moment in upholding the integrity of preliminary inquiries and investigative processes in cases involving substantial public funds, reinforcing the judiciary's role in maintaining procedural propriety while safeguarding the efficacy of the criminal justice system.
Bottom Line:
Inquiry report recommending registration of FIR against a public official for alleged irregularities in procurement of medical equipment does not require a pre-decisional hearing to the prospective accused. Principles of natural justice are not applicable at the stage of reporting a criminal offence. Courts should not interfere in investigation unless exceptional circumstances exist.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Dr. Vevek Choudhary v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2867914
