Big Win For Dr Kafeel Khan Who Remains Suspended Despite Clean Chit In Probe, As UP Withdraws Re-Enquiry Against Him
Lucknow, August 7 (TNA) In a big win for the suspended Baba Raghav Das (BRD) paediatrician Dr Kafeel Khan, as the Uttar Pradesh government has informed the Allahabad High Court (HC) that it has decided to withdraw the re-enquiry which was started on February 24, 2020.
The Uttar Pradesh Government through its counsel informed the HC of the decision. Following this, the HC noted that this decision had been taken by the Government in light of what the Court had recorded in its earlier order on July 29, 2021. In that order, the Court had noticed the delay of 11 months in re-initiating enquiry against Dr. Kafeel Khan when the Enquiry Officer had already concluded earlier enquiry and submitted his report on April 15, 2019.
In light of withdrawal of re-enquiry by the Yogi Adityanath government, the previous enquiry report submitted on April 15, 2019 by Enquiry Officer - Principal Secretary Himanshu Kumar remains tenable and the Government has also told the court that it will make every endeavour to conclude the disciplinary proceedings within a period of three months.
In his enquiry report submitted on April 15, two years back, Himanshu Kumar, had categorically stated that at the time of BRD tragedy, Dr Kafeel the junior most doctor and he had joined BRD medical College, Gorakhpur on 08.08.16 as a lecturer under probation and at the time of incident as well he was on probation.
Secondly, despite being on leave on 10.08.17, he rushed to BRD medical college Gorakhpur on that fateful night and tried to save every innocent life. He and his team managed to arrange 500 cylinders in those 54 hours. The enquiry officer had also noted that Khan had called 26 people on that fateful night to all the official of BRD medical college including District Magistrate Gorakhpur.
The probe report also stated that there is no evidence that suggests his involvement in corruption and that he was not responsible for payment/order/tender/maintenance of oxygen supply and that he was not the head of encephalitis ward, there is no evidence that he was doing private practice after 08.0816 and that charges of medical negligence were baseless and without any substance.
The 2nd part of the order passed on August 6, 2021 is that the Court has directed Uttar Pradesh Government to explain within the next three days why Doctor Kafeel Khan is suspended for the past 4 years even though other 7 co-accused including Dr Rajiv Misra Ex principal, Dr Satish kumar Oxygen incharge, accountants are reinstated except Dr Kafeel.
In its order passed on July 29 this year, the Court had noted this concern and had asked the State "to justify" the continuance of order of suspension for over 4 years.