High court stays Kafeel’s second suspension order

This was the second time Kafeel was suspended by the state government, while he was already under suspension following the August 2017 tragedy at Gorakhpur’s BRD Medical College

PRAYAGRAJ : The Allahabad high court stayed the suspension order against Dr Kafeel Khan, a paediatrician, for his alleged involvement in forcefully treating patients at the Bahraich district hospital and criticising policies of the government.

This was the second time Kafeel was suspended by the state government, while he was already under suspension following the August 2017 tragedy at Gorakhpur’s BRD Medical College, where 60 children had died due to shortage of oxygen.

Justice Saral Srivastava directed to conclude inquiry against the petitioner within a period of one month. The court further directed that the petitioner shall co-operate in inquiry and in case the petitioner does not co-operate, disciplinary authority may proceed to conclude the inquiry ex parte.

While directing to list this case on November 11, 2021, the court directed that when the matter is listed next, the respondents shall inform the court about the outcome of the inquiry.

Dr Kafeel, by means of present writ petition, assailed the suspension order dated July 31, 2019, on the ground that the order had been passed on July 31, 2019, and more than two years had gone by and the inquiry had not been concluded.

It was further contended that since the petitioner was already a suspended employee, therefore, there was no purpose of passing a second suspension order.

However, the state government’s counsel submitted that inquiry report against the petitioner had been submitted on August 27, 2021, copy of which was sent to the petitioner on August 28, 2021, asking the petitioner to submit objection against the report.

“Considering the submissions advanced by the parties, matter requires consideration,” the court said.

The court passed this order on September 9, which came into public domain on September 14.