PRAYAGRAJ: The Uttar Pradesh The government on Friday informed the Allahabad High Court that the order of the disciplinary authority dated February 24, 2020, which directed further investigation against Dr. Kafeel Ahmed Khan, suspended pediatrician BRD Medical College Gorakhpur has been withdrawn.
Dr Kafeel was suspended from service on August 22, 2017 after nearly 60 infants died in a few days at the BRD Medical College Hospital due to lack of oxygen.
During the court proceedings, Additional Advocate General Manish Goel, representing the State Government, informed the Court on Friday that the said order (dated February 24, 2020) has been withdrawn subject to the liberty being reserved for the respondents – the concerned State. To the authorities of the – proceed afresh in the matter and in the light of what was noted by this Court in its order dated 29th July, 2021.
The AAG further said that all efforts would be made to conclude the disciplinary proceedings within a period of three months.
Taking the AAG’s statement on record, Justice Yashwant Verma said, “It leaves only the court to consider the justification for continuing the suspension of the petitioner, which was passed by the State Government on August 22, 2017 by an order.” was made accordingly.”
After submission, the AAG requested the court to be able to obtain necessary directions in this regard. Therefore, the court directed to list this petition for next hearing on 10 August 2021.
In the present writ petition, by which Dr Kafeel has challenged his suspension and further investigation, he has disclosed that proceedings were initiated against nine persons initially. “Seven of those suspended along with the petitioner have been reinstated till the completion of the disciplinary proceedings,” Kafeel said.
In the present writ petition, the petitioner Dr Kafeel has challenged the order of suspension dated 22 August 2017. An additional challenge has also been given to the order dated 24th February, 2020 passed by the Disciplinary Authority, which, while accepting the report submitted by the Inquiry Officer, partly dissatisfied with the findings returned by the Inquiry Officer in respect of the two charges and further investigation ordered to be held.
Earlier, the investigating officer had submitted his report on April 15, 2019. Thereafter, the disciplinary authority decided to pass orders for further investigation after about 11 months on February 24, 2020, which is also under challenge.
Taking note of this, the court, in its order dated July 29, 2021, had observed, “The delay in taking further action on the part of the disciplinary authority is not explained. The Respondents are also bound to justify the continuance of the order of suspension which has been in force for more than four years.
Dr Kafeel was suspended from service on August 22, 2017 after nearly 60 infants died in a few days at the BRD Medical College Hospital due to lack of oxygen.
During the court proceedings, Additional Advocate General Manish Goel, representing the State Government, informed the Court on Friday that the said order (dated February 24, 2020) has been withdrawn subject to the liberty being reserved for the respondents – the concerned State. To the authorities of the – proceed afresh in the matter and in the light of what was noted by this Court in its order dated 29th July, 2021.
The AAG further said that all efforts would be made to conclude the disciplinary proceedings within a period of three months.
Taking the AAG’s statement on record, Justice Yashwant Verma said, “It leaves only the court to consider the justification for continuing the suspension of the petitioner, which was passed by the State Government on August 22, 2017 by an order.” was made accordingly.”
After submission, the AAG requested the court to be able to obtain necessary directions in this regard. Therefore, the court directed to list this petition for next hearing on 10 August 2021.
In the present writ petition, by which Dr Kafeel has challenged his suspension and further investigation, he has disclosed that proceedings were initiated against nine persons initially. “Seven of those suspended along with the petitioner have been reinstated till the completion of the disciplinary proceedings,” Kafeel said.
In the present writ petition, the petitioner Dr Kafeel has challenged the order of suspension dated 22 August 2017. An additional challenge has also been given to the order dated 24th February, 2020 passed by the Disciplinary Authority, which, while accepting the report submitted by the Inquiry Officer, partly dissatisfied with the findings returned by the Inquiry Officer in respect of the two charges and further investigation ordered to be held.
Earlier, the investigating officer had submitted his report on April 15, 2019. Thereafter, the disciplinary authority decided to pass orders for further investigation after about 11 months on February 24, 2020, which is also under challenge.
Taking note of this, the court, in its order dated July 29, 2021, had observed, “The delay in taking further action on the part of the disciplinary authority is not explained. The Respondents are also bound to justify the continuance of the order of suspension which has been in force for more than four years.
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