Court Stays Second Suspension Order Against UP’s Dr Kafeel Khan


Dr Kafeel Khan had previously been suspended after a tragedy at a hospital in Gorakhpur. (To file)


The Allahabad High Court has stayed the second stay order against Dr Kafeel Ahmad Khan.

On July 31, 2019, the doctor was suspended for the second time while already suspended for allegedly forcing patients at the Bahrain District Hospital and criticizing government policies.

He had previously been suspended following a tragedy at BRD Medical College in Gorakhpur, where around 60 children died in August 2017 due to an alleged oxygen shortage.

Hearing a brief motion filed by Dr Khan, Judge Saral Srivastava, however, ordered the authorities to conclude the investigation against him within a month.

The court further ordered the applicant to cooperate with the investigation and, if he fails to do so, the disciplinary authority may proceed to the conclusion of the investigation exparte.

While setting the hearing for November 11, the court also asked state authorities to file a response in four weeks.

Counsel for the applicant had argued that the stay order was issued on July 31, 2019 and that more than two years have passed, but the investigation was unsuccessful.

Therefore, the stay order cannot remain in effect given the judgment of the highest court in Ajay Kumar Choudhary v Union of India (2015) 7 SCC 291, the lawyer said.

He further argued that since the petitioner is already a suspended employee, there is therefore no reason to place a second suspension order.

He argued that there is no rule that allows the state government to issue a new suspension order when the employee is already suspended.

However, the state government attorney argued that the investigative report against the petitioner was submitted on August 27, 2021, a copy of which was sent to the petitioner on August 28, asking him to submit objections.

He said the investigation would be concluded quickly.

(Except for the title, this story was not edited by DAILYNEWSCATCH staff and is posted from a syndicated feed.)


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