Have Withdrawn Order Of Re-Inquiry Against Dr. Kafeel Khan: UP Govt. Informs Allahabad High Court
The Uttar Pradesh Government has informed the Allahabad High Court that it has withdrawn the order of departmental re-inquiry against Gorakhpur paediatrician Dr. Kafeel Khan (presently suspended) initiated last year.The Bench of Justice Yashwant Varma was informed by the Additional Advocate General that the order of 24 February 2020 has been withdrawn subject to liberty being reserved for...
The Uttar Pradesh Government has informed the Allahabad High Court that it has withdrawn the order of departmental re-inquiry against Gorakhpur paediatrician Dr. Kafeel Khan (presently suspended) initiated last year.
The Bench of Justice Yashwant Varma was informed by the Additional Advocate General that the order of 24 February 2020 has been withdrawn subject to liberty being reserved for the respondents to proceed in the matter afresh.
It was further submitted that all the endeavours shall be made to conclude the disciplinary proceedings (to decide on his suspension) within a period of three months.
Noting the submission of the Uttar Pradesh Government, the Court observed that it was now left to only decide as to whether his continued suspension pursuant to an order passed on 22 August 2017 is justified or not.
The Allahabad High Court, during the course of the last hearing, has sought the response of the Uttar Pradesh Government regarding the reason behind the continuing suspension of Doctor Kafeel Khan for over 4 years.
The Bench of Justice Yashwant Verma observed that the State of Uttar Pradesh is obliged to justify the continuance of the order of suspension which has continued for more than 4 years.
The matter in brief
Dr. Kafeel Khan has challenged his suspension dated 22 August 2017 along with challenging the order of the Disciplinary Authority deciding to order re-enquiry against him.
Also, the disciplinary authority had chosen to pass the impugned order (re-enquiry) after almost 11 months.
"The delay in taking further action on the part of the disciplinary authority is not explained," the Court had noted in its previous order.
To this, the Court said:
"This Court in this regard bears in mind the decision of the Supreme Court in Ajay Kumar Choudhary Vs. Union of India [(2015) 7 SCC 291]"
Here, it is important to note that in Ajay Kumar Choudhary (supra), the Apex Court had directed that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Chargesheet is served a reasoned order must be passed for the extension of the suspension.
The Court had also observed thus:
"Protracted periods of suspension, repeated renewal thereof, have regrettably become the norm and not the exception that they ought to be. The suspended person suffering the ignominy of insinuations, the scorn of society and the derision of his Department, has to endure this excruciation even before he is formally charged with some misdemeanour, indiscretion or offence. His torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination, that is to determine his innocence or iniquity. Much too often this has now become an accompaniment to retirement."
Similarly, in O.P. Gupta v. Union of India 1987 (4) SCC 328, the Apex Court had enunciated that the suspension of an employee is injurious to his interests and must not be continued for an unreasonably long period; that, therefore, an order of suspension should not be lightly passed.
Dr Kafeel was suspended after the BRD oxygen tragedy which killed 63 innocent children after the sudden stoppage of liquid oxygen supply. All other accused who were suspended along with him have been reinstated except Dr Kafeel despite getting clearance from many inquiries.
He was initially reported to have acted as a saviour by promptly acting to arrange emergency oxygen supply by paying out of his pocket.
He was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019.
A Supreme Court Bench headed by Chief Justice Bobde last year refused to interfere with the Allahabad High Court Order which quashed the detention of Dr. Kafeel Khan under the National Security Act (NSA).
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