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"Justify Dr. Kafeel Khan's Over 4-Yr Suspension": Allahabad High Court Seeks Uttar Pradesh Govt's Response

Sparsh Upadhyay
3 Aug 2021 4:48 AM GMT
Justify Dr. Kafeel Khans Over 4-Yr Suspension: Allahabad High Court Seeks Uttar Pradesh Govts Response
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The Allahabad High Court has sought the response of the Uttar Pradesh Government regarding the reason behind the continuing suspension of Doctor Kafeel Khan for over 4 years.The Bench of Justice Yashwant Verma observed that the State of Uttar Pradesh is obliged to justify the continuance of the order of suspension which has continued for more than 4 years.The matter in briefDr. Kafeel...

The Allahabad High Court has sought the response of the Uttar Pradesh Government regarding the reason behind the continuing suspension of Doctor Kafeel Khan for over 4 years.

The Bench of Justice Yashwant Verma observed that the State of Uttar Pradesh is obliged to justify the continuance of the order of suspension which has continued for more than 4 years.

The matter in brief

Dr. Kafeel Khan has challenged his suspension dated 22 August 2017 along with challenging the order of the Disciplinary Authority deciding to order re-enquiry against him.

It has been submitted before the Court that the Disciplinary Authority had accepted the report submitted by the Enquiry Officer in part, but it had dissented with the findings (absolving him of Medical negligence and corruption charges) and it had directed a further enquiry to be conducted.

Also, the disciplinary authority chose to pass the impugned order (re-enquiry) after almost 11 months.

"The delay in taking further action on the part of the disciplinary authority is not explained," the Court noted.

About Dr. Kafeel Khan

Dr 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 acting to arrange 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 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.

A Supreme Court Bench headed by Chief Justice Bobde last year refused to interfere with Allahabad High Court Order which quashed the detention of Dr.Kafeel Khan under the National Security Act (NSA).

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