Dr. Kafeel Khan's Plea Challenging Termination| Allahabad HC Virtually Grants Last Chance To UP Govt To File A Reply

The Allahabad High Court today granted virtually a last chance to the Uttar Pradesh Government to file its response to a writ plea filed by Dr Kafeel Khan challenging the termination of his services from the State-run BRD Medical College by the UP government. It may be noted that Dr Khan's petition was moved in January last year and on February 3, 2022, the HC directed the state government to file its response in the matter in 4 weeks, however, the Government is yet to specify its stand on the issue before the HC.When the matter came up for hearing before a bench of Justice Rajan Roy on Monday, the Counsel for Dr Khan submitted that though one year has lapsed but the State has not filed a counter affidavit in the matter. Taking this submission into account, the Court, while listing the case in the second week of January 2024, the Court observed thus:"If counter affidavit is not filed by the concerned respondent- opposite party before the next date then the Court shall proceed to hear and decide the matter taking the pleadings in the petition as correct".Khan, against whom the Uttar Pradesh government had issued suspension orders, was dismissed from his service in the 2017 BRD Hospital case, where 63 children had died at Gorakhpur's BRD Medical College in August 2017 due to an alleged shortage of oxygen.It was alleged that he was in charge of the encephalitis ward when the tragedy occurred. Challenging the said termination, he has moved to the High Court.Dr Khan has contended that his services have been terminated despite him getting a green signal from several investigative committees in the case. He has also submitted out of the 8 accused, all except Khan have been reinstated.About Dr. Kafeel KhanDr Kafeel was suspended after the BRD oxygen tragedy which killed 63 innocent children after the sudden stoppage of liquid oxygen supply. All other accused who were suspended along with him have been reinstated except Dr Kafeel despite getting clearance from many inquiries.He was initially reported to have acted as a saviour by promptly arranging an emergency oxygen supply by paying out of his pocket.Despite being hailed as a hero for arranging cylinders as children gasped for breath, he was named in an FIR registered under Sections 409 (criminal breach of trust by a public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide) and 120-B (criminal conspiracy) of the Indian Penal Code. It was alleged that he was negligent in his duties, which resulted in a shortage of medical oxygen.He was arrested in September 2017, and was released only in April 2018 when the High Court allowed his bail application after observing that there existed no material on record to establish charges of medical negligence against Dr. Khan individually.He was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019.The Supreme Court Bench in 2020 refused to interfere with the Allahabad High Court Order which quashed the detention of Dr.Kafeel Khan under the National Security Act (NSA).The Allahabad High Court in August 2021 quashed the entire criminal proceedings arising out of an FIR & pending against him over his speech given about CAA and NRC at a protest meeting at Aligarh Muslim University in December 2019.The Bench of Justice Gautam Chaudhary has quashed the entire criminal proceedings, which were initiated pursuant to his alleged provocative speech. Also, the cognizance order of the Chief Judicial Magistrate, Aligarh was also set aside.

Dr. Kafeel Khan's Plea Challenging Termination| Allahabad HC Virtually Grants Last Chance To UP Govt To File A Reply

Sparsh Upadhyay

Tags