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Allahabad HC stays second suspension order against Dr Kafeel Khan

Khan was already under suspension then, following his arrest in 2017 after around 30 children died at Gorakhpur's BRD Medical College allegedly due to disruption in oxygen supply. Khan was released on bail a year later.

Dr Kafeel Khan

The Allahabad High Court has stayed the UP government’s order suspending Dr Kafeel Khan, a paediatrician, for the second time in 2019 for allegedly creating nuisance and misbehaving with staff at Bahraich District Hospital.

Khan was already under suspension then, following his arrest in 2017 after around 30 children died at Gorakhpur’s BRD Medical College allegedly due to disruption in oxygen supply. Khan was released on bail a year later.

Hearing the petition of Khan, in which he had assailed his suspension order on the ground that no inquiry had been concluded against him even after more than two years, Justice Saral Srivastava directed the UP government to conclude the probe related to the 2019 suspension within a month.

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The court in its order — passed on September 9 — said that Khan should cooperate in the inquiry, failing which, the disciplinary authority may proceed to conclude the inquiry ex-parte.

Khan’s lawyer argued that there was no rule that permits the state government to issue second suspension order against him when he was already under suspension.

However, Additional Chief Standing Counsel AK Goel, on behalf of the government, told the High Court that the inquiry report against Khan was submitted on August 27, 2021, and a copy was sent to him a day later.

Goel also submitted that the disciplinary authority has the inherent power to pass second suspension order.

Stating that the matter needs consideration, the High Court granted four weeks’ time to all the respondents to file a counter affidavit.

The court has fixed November 11 as the next date for hearing. In August this year, the Allahabad High Court quashed the decision of the Aligarh Chief Judicial Magistrate to accept the police chargesheet against Dr Khan in a hate speech case.

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