The Uttar Pradesh Government has informed the Allahabad High Court
The Uttar Pradesh Government has informed the Allahabad High Court that it has withdrawn the order of departmental re-inquiry against Dr. Kafeel Khan in connection with the 2017 tragedy.
A single-judge bench of Justice Yashwant Varma was informed by the Additional Advocate General that the order of re-inquiry against Dr. Kafeel Khan has been withdrawn.
The government submitted that efforts would be made to conclude disciplinary proceedings within a period of three months.
The Court further questioned the government about the delay in re-instating Khan, as it was noted that seven out of nine people earlier suspended have already been reinstated.
The Court observed that it was now left to only decide as to whether his continued suspension pursuant to an order passed on 22 August 2017 is justified or not.
Dr. Kafeel Khan was suspended after the Gorakhpur BRD oxygen tragedy of 2017 when over 60 infants at a hospital lost their lives after the sudden shortage of oxygen supply.
Dr. Khan and few others were suspended and prosecuted on allegations of negligence and culpable homicide. He was granted bail in February 2020 by the Allahabad High Court. However, prior to being released, the provisions of the National Security Act (NSA) were invoked by the authorities resulting in the continuation of his detention. Later, the Allahabad High Court quashed the NSA detention, a decision that was upheld by the bench headed by then, Supreme Court CJI Bobde.
Later Dr, kafeel moved a petition challenging an order of suspension dated August 22, 2017. By an order of March 7, 2019 that petition was disposed of with a direction to the respondents to conclude the enquiry within three months.
The Enquiry Officer submitted his report on April 15, 2019. The disciplinary authority however chose to pass its order after almost 11 months on February 24, 2020 and hence thereafter no further action was taken.
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