Allahabad HC seeks UP government's justification on Dr. Kafeel Khan's continuing suspension

Credits: Hindustan Times

By - Sameeksha Negi*

The Allahabad High court has sought justification from the UP government on the continuing suspension of Dr. Kafeel Khan, the former pediatrician at the BRD Medical college, Gorakhpur. Mr. Khan filed a writ petition challenging his suspension in August 2017 and the order of the Disciplinary Authority deciding to order a re-enquiry against him.

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

Mr. Khan was suspended from his service as he was arrested in 2017 for the death of about 63 infants at the BRD hospital due to lack of oxygen supply. However, the others who were suspended along with him have been reinstated.

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It was reported that he acted as a saviour by arranging oxygen on his own, from his own pocket to save lives. Despite this, he was named in an FIR registered under section 409 (criminal breach of trust by public servant, banker, merchant or agent), 308 (attempt to commit culpable homicide, and 120-B (criminal conspiracy) of the India Penal Code. It was also alleged that his negligence resulted in the shortage of oxygen.

He was released on bail in 2018 when the high court observed that there existed no material record to establish a charge of medical negligence against him and a report of departmental enquiry absolved him of charges in September 2019.

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*Sameeksha Negi has completed LL.M. from IMS Unison University, Dehradun this year.