UP Govt withdraws re-inquiry against Dr Kafeel after HC questions his suspension

Allahabad: In a further relief to suspended Dr Kafeel Khan, the Uttar Pradesh Government has decided to withdraw the re-inquiry which was started against him on February 22 last year. This information was conveyed to the Allahabad High Court by the state government through its counsel.

The Allahabad High Court had a few days back sought the response of the Uttar Pradesh Government regarding the reason behind the continuing suspension of Doctor Kafeel over four years.

Dr Khan was suspended on Aug 22, 2017 following the death of 63 infants in BRD Medical College of Gorakhpur after the sudden stoppage of liquid oxygen supply. At that time he was the junior most doctor in the medical college.

It was reported that despite being on leave on 10.08.17, he had rushed to BRD medical college Gorakhpur on that fateful night and tried to save the children. He and his team had managed to arrange 500 cylinders in those 54 hours.

However, the state government had suspended him on charges of dereliction of duty. He was arrested in September 2017, and was released in April 2018 when the High Court allowed his bail application after observing that there existed no material on record to establish charges of medical negligence against Dr. Khan individually.

Later, Inquiry Officer, Principal Secretary Himanshu Kumar, in his report submitted on 15.04.2019 had also said that charges against Dr Khan were not found to be true.

The Court in its recent order had noticed the delay of 11 months in re-initiating inquiry against Dr. Kafeel Khan when the Enquiry Officer had already concluded earlier inquiry and submitted his report.

State’s additional advocate general (AAG) Manish Goyal has now informed the court that the said order has been withdrawn subject to liberty being reserved for the respondents – the state authorities concerned – to proceed in the matter afresh and in light of what was noted by this court in its order of July 29, 2021.The state Government has submitted that it will make every endeavor to conclude the disciplinary proceedings within a period of three months.

In light of withdrawal of re-inquiry by the government, the previous enquiry report stands valid.

In his inquiry report, Mr. Himanshu Kumar had found :

1- 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.

2- 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 & his team managed to arrange 500 cylinders in those 54 hours.

3- He called 26 people on that fateful night to all the official of BRD medical college including District Magistrate Gorakhpur

4- There is no evidence that suggests his involvement in corruption.

5- He was not responsible for payment / order / tender /maintenance of oxygen supply.

6- He was not the head of encephalitis ward.

7- There is no evidence that he was doing private practice after 08.0816.

8- Charges of medical negligence were baseless and without any substance .

–INDIA NEWS STREAM