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Kafeel Khan's Plea Challenging His Termination From Medical College: Allahabad High Court Seeks UP Govt's Reply
Sparsh Upadhyay
3 Feb 2022 11:31 AM IST
The Allahabad High Court today issued notice to the Uttar Pradesh Government on the plea filed by Dr. Kafeel Khan challenging the termination of his services from the State-run BRD Medical College by the State government.The Bench of Justice Rajan Roy has asked for a counter in 4 weeks. Khan, against whom the Uttar Pradesh government had issued suspension orders, was dismissed from his service...
The Allahabad High Court today issued notice to the Uttar Pradesh Government on the plea filed by Dr. Kafeel Khan challenging the termination of his services from the State-run BRD Medical College by the State government.
The Bench of Justice Rajan Roy has asked for a counter in 4 weeks. Khan, against whom the Uttar Pradesh government had issued suspension orders, was dismissed from his service in the 2017 BRD Hospital case, where 63 children had died at Gorakhpur's BRD Medical College in August 2017 due to an alleged shortage of oxygen.
It was alleged that he was in charge of the encephalitis ward when the tragedy occurred. Challenging the said termination, he has moved to the High Court.
Dr Khan has contended that his services have been terminated despite him getting a green signal from several investigative committees in the case. He has also submitted out of the 8 accused, all except Khan have been reinstated.
About Dr. Kafeel Khan
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 savior by promptly acting to arrange emergency oxygen supply by paying out of his pocket.
Despite being hailed as a hero for arranging cylinders as children gasped for breath, he was named in an FIR registered under Sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide) and 120-B (criminal conspiracy) of the Indian Penal Code. It was alleged that he was negligent in his duties, which resulted in a shortage of medical oxygen.
He was arrested in September 2017, and was released only 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.
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 Allahabad High Court Order which quashed the detention of Dr.Kafeel Khan under the National Security Act (NSA).
The Allahabad High Court in August 2021 quashed the entire criminal proceedings arising out of an FIR & pending against him over his speech given about CAA and NRC at a protest meeting at Aligarh Muslim University in December 2019.
The Bench of Justice Gautam Chaudhary has quashed the entire criminal proceedings, which was initiated pursuant to his alleged provocative speech. Also, the cognizance order of the Chief Judicial Magistrate, Aligarh has also been set aside.
