Uttar Pradesh govt withdraws further inquiry against Dr Kafeel Ahmad Khan

PRAYAGRAJ: The Uttar Pradesh government on Friday informed the Allahabad high court that the disciplinary authority’s order dated February 24, 2020, whereby further inquiry was directed against Dr Kafeel Ahmad Khan, a suspended paediatrician of BRD Medical College of Gorakhpur, has been withdrawn.
Dr Kafeel was suspended from service on August 22, 2017, following the death of about 60 infants over a few days in the BRD Medical College hospital due to lack of oxygen.
During the court proceedings, additional advocate general Manish Goyal, representing the state government, informed the court on Friday that the said order (dated February 24, 2020) has been withdrawn subject to liberty being reserved for the respondents — the state authorities concerned — to proceed in the matter afresh and in light of what was noted by this court in its order of July 29, 2021.
The AAG further submitted that all endeavour shall be made to conclude the disciplinary proceedings within a period of three months.
Taking the statement of AAG on record, Justice Yashwant Varma said, “That only leaves the court to consider the justification for continuing the suspension of the petitioner, which was made pursuant to an order passed on August 22, 2017 by the state government.”
Having made the submission, the AAG requested the court to enable him to obtain requisite instructions in this respect. Hence, the court directed to list this petition on August 10, 2021 for the next hearing.
In the present writ petition, by which Dr Kafeel has challenged his suspension and further inquiry, he has disclosed that initially the proceedings were drawn against nine persons. “Seven out of those who were suspended along with the petitioner have since been reinstated pending conclusion of disciplinary proceedings,” Dr Kafeel added.
In the present writ petition, the petitioner Dr Kafeel has challenged an order of suspension dated August 22, 2017. An additional challenge has also been made to an order of February 24, 2020 passed by the disciplinary authority, which has while accepting the report submitted by the inquiry officer in part, dissented with the findings returned by the inquiry officer in respect of two charges and directed a further inquiry to be conducted.
Earlier, the inquiry officer had submitted his report on April 15, 2019. Thereafter, the disciplinary authority chose to pass the order for further inquiry on February 24, 2020, almost after 11 months which is also under challenge.
In its order dated July 29, 2021, the court while taking note of this, had observed, “The delay in taking further action on the part of the disciplinary authority is not explained. The respondents are also obliged to justify the continuance of the order of suspension which has continued for more than four years.”