ALLAHABAD: The Allahabad Excessive Court docket has stayed the second suspension order towards Dr Kafeel Ahmad Khan.
On July 31, 2019, the physician was suspended for the second time whereas he was already beneath suspension for allegedly forcibly treating sufferers on the Bahraich District Hospital and criticising insurance policies of the federal government.
He was earlier suspended following a tragedy at Gorakhpur’s BRD Medical School, the place round 60 youngsters had died in August 2017 as a result of an alleged scarcity of oxygen.
Listening to a writ petition filed by Dr Khan, Justice Saral Srivastava, nevertheless, directed the authorities to conclude inquiry towards him inside one month.
The courtroom additional directed that the petitioner shall cooperate within the inquiry and in case he doesn’t, the disciplinary authority might proceed to conclude the inquiry exparte.
Whereas fixing the listening to for November 11, the courtroom additionally requested the state authorities to file a reply in 4 weeks.
The counsel for the petitioner had argued that the suspension order was handed on July 31, 2019 and greater than two years have handed however the probe has not been concluded.
Therefore, the suspension order can not stay in drive in view of the judgment of the apex courtroom within the case of Ajay Kumar Choudhary versus Union of India (2015) 7 SCC 291, the counsel mentioned.
He additional argued that for the reason that petitioner is already a suspended worker, due to this fact, there isn’t any function of passing a second suspension order.
He submitted that there isn’t any rule which allows the state authorities to subject a recent suspension order when the worker is already beneath suspension.
Nonetheless, state authorities’s counsel submitted that the inquiry report towards the petitioner has been submitted on August 27, 2021, a replica of which has been despatched to the petitioner on August 28, asking him to submit objections.
He mentioned the inquiry will probably be concluded expeditiously.