UP Govt Tells Allahabad HC, Reinvestigation Against Kafeel Khan is Withdrawn

The inquriy order was initiated over a year ago, on 24 February 2020.

Allahabad High Court, on Monday, 2 August, sought a response from the Uttar Pradesh (UP) government on Dr Kafeel Khan’s writ petition challenging his suspension from BRD Medical College, Gorakhpur.

(Photo: Arnica Kala/The Quint)

UP state government informed the Allahabad High Court that they had rejected a departmental re-inquiry order against suspended Gorakhpur petiatrician Dr Kafeel Khan on 6 August. The inquiry order was initiated over a year ago, on 24 February 2020.

Khan was suspended from his services on 22 August 2017, in the thick of news regarding the death of around 60 babies over a few days in BRD Medical College due to the lack of oxygen.

Additional Advocate General Manish Goyal said the 24 Februrary order was withdrawn subject to liberty being reserved for the respondents – the state authorities concerned – to proceed in the matter afresh and in light of what the court had noted in its order on 29 July 2021.

In its order dated 29 July, the court had observed that, "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."

Goyal added that all efforts would be made to complete disciplinary proceedings within the next three months.

Justice Yadhwant Varma said they would have to “consider the justification for continuing suspension of the petitioner, which was pursuant to an order passed on 22 August 2017”.

In the writ petition moved by Khan, he has argued that initially 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,” said the court order.

Goyal said he needed to obtain instructions from the state government to respond.

The matter has now been listed for 10 August.

(With inputs from Times of India and The Indian Express)