News Citation : 2026 LN (HC) 206 | 2026:CGHC:12838
March 18, 2026 : In a significant ruling, the Chhattisgarh High Court has dismissed a writ petition filed by a senior medical officer challenging a government decision to initiate criminal proceedings over alleged irregularities in a high-value medical equipment procurement case.
The case revolves around the purchase and installation of PET-CT Scan and Gamma Camera machines at Dr. Bhimrao Ambedkar Memorial Hospital in Raipur, involving expenditure of approximately ₹18.45 crore from the state exchequer.
The petitioner, Dr. Vevek Choudhary, who was serving as Joint Director-cum-Superintendent of the hospital, approached the High Court seeking to quash an inquiry report dated July 20, 2021, and a subsequent government communication dated August 30, 2021 recommending registration of an FIR against officials involved in the procurement process.
The dispute traces back to 2018, when a proposal for setting up a nuclear medicine diagnostic centre was submitted by a private company and forwarded by the Health Minister for expert opinion. Dr. Choudhary had suggested that the project be executed under a Public-Private Partnership (PPP) model and later provided technical specifications and estimated costs for the equipment.
The procurement process was subsequently handled by the Chhattisgarh Medical Services Corporation, which floated tenders and completed the purchase.
The petitioner argued that he had no decision-making role in the procurement and was only involved in a limited advisory capacity. He contended that the inquiry report was flawed, based on incorrect facts, and prepared without giving him a proper opportunity to be heard.
It was also argued that the recommendation to register an FIR was arbitrary and unsupported by material evidence, and therefore liable to be quashed.
The State government defended the action, stating that a six-member committee was constituted after irregularities were noticed in the procurement process. The committee found prima facie procedural lapses, including absence of proper administrative and financial approvals.
Based on these findings, the government directed registration of an FIR to enable a detailed investigation. The State further argued that no prior hearing is required before initiating criminal proceedings.
Justice Bibhu Datta Guru, after examining the record, held that the petitioner was not merely a passive participant but had played an active role at crucial stages of the procurement process by providing technical specifications, estimated costs, and financial inputs.
The Court noted that these inputs contributed to the decision-making chain and raised concerns about procedural compliance.
Importantly, the Court rejected the argument that the inquiry violated principles of natural justice. It clarified that the committee was only a fact-finding body and not an adjudicatory authority. Therefore, a formal hearing was not mandatory at that stage.
Reaffirming settled legal principles, the High Court held that a prospective accused has no vested right to be heard before registration of an FIR. Granting such a right would obstruct criminal investigations and undermine the justice system.
The Court emphasized that the inquiry report was only preliminary and recommendatory in nature, and that the FIR was intended to facilitate investigation into serious allegations involving public funds.
Finding no merit in the petition, the High Court dismissed the case and allowed the investigation to proceed. The interim protection granted earlier to the petitioner was also vacated.
Case Reference : WPC No. 4421 of 2021, Dr. Vevek Choudhary vs State of Chhattisgarh & Others; Counsels: for Petitioner – Mr. Manoj Paranjpe, Senior Advocate with Mr. Kabeer Kalwant, Advocate; for Respondents No. 1 to 4 – Mr. Praveen Das, Addl. Advocate General with Mr. Anand Gupta, Dy. GA; for Respondent No. 5 – Mr. Raghvendra Pradhan, Advocate.
