Allahabad HC seeks UP Government’s response regarding the suspension of Dr Kafeel Khan

The Allahabad High Court has sought the UP government’s response regarding the reason for the continuous suspension of Dr Kafeel Khan for more than four years.

According to Hon’ble Justice Yashwant Verma, the UP government is obliged to justify the suspension decision.

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Contentions:-

Before the Court, Dr Kafeel challenged his suspension dated 22.08.2017 and the Disciplinary Authority’s decision to re-enquire against him. He stated that the Disciplinary Committee had accepted the report, but it dissented with the findings that there was no medical negligence and corruption.

He further submitted that there was a delay (11 months) in passing the order by the disciplinary committee.

Background:-

The Government had suspended Dr Kafeel after the BRD tragedy in which 63 children were killed after the oxygen supply dropped. All other accused have been reinstated except Dr Kafeel.

Initially, it was reported that Dr Kafeel arranged emergency oxygen that saved many lives. He was named in the FIR registered u/s 409, 308, 120B of IPC. It is alleged that Dr Kafeel was negligent.

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He was arrested in September 2020 and was released in April 2018 after the Court granted him bail after observing that there was no material on record to establish the charges.

Later, he was suspended for alleged dereliction of duty. However, a Departmental Enquiry absolved him from all charges.

Last year, the Apex Court had refused to interfere with Allahabad HC’ order that Dr Kafeel’s detention under the NSA.

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