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On the plea moved by Dr. Kafeel Ahmad Khan against termination of his services at Baba Raghav Das Medical College and Hospital, Gorakhpur, the Allahabad High Court today directed the State Government to file a counter affidavit within four weeks.

In November 2021, the Uttar Pradesh government had terminated Khan in connection with the deaths of around 70 children, allegedly due to oxygen shortage, in 2017.

The bench of Justice Rajan Roy, initially, asked Khan’s counsel Senior Advocate JN Mathur to file an appeal before the authorities, however, being apprised that the case pertains to a medical college rather than University, court sought State’s response.

Khan has also been directed to file his rejoinder to the counter affidavit within two weeks thereafter.

In his plea, Khan has alleged that his removal from service is punitive in nature and is completely illegal and arbitrary being in utter derogation to the Principles of Natural Justice, as also the Rules namely U.P. Government Servant (Discipline and Appeal) Rules 1999 (the Rules of1999).

Khan, who as per his claims was only a Junior-Lecturer in colleges’ Paediatric department at the time of the incident, has alleged that he is being made a scapegoat as he had not committed any illegality or irregularity which may be construed as misconduct under U.P. Government Conduct Rules 1965.

Challenging his termination order, Khan has argued that this order is just a reiteration of the conclusion of the Inquiry Officer without taking into consideration his reply to the Show Cause Notice.

Khan has contended that as per requirement of Rule 7 (vii) the Rules of 1999, after submission of his reply, the Inquiry Officer was under a legal obligation to examine the witness and to provide the document especially the contents of documents. However, no inquiry was held, Khan has submitted.

Khan, who was allegedly in-charge of the ward where the tragedy had taken place in August, 2017, was suspended and got arrested a month after, on charges of medical negligence, corruption and dereliction of duty. Subsequently, he was released on bail in April, 2018.

A departmental enquiry into the matter was also conducted and a final report was submitted in April 2019 whereby Khan was cleared of the charges relating to corruption and medical negligence but he was found guilty of being indulged in private practice.

However, after 10 months of submission of this inquiry report, a re-inquiry was directed in February 2020. It was alleged that the inquiry officer had relied upon some erroneous document to reach his conclusion and absolving corruption and medical negligence against Khan.

Thereafter, Khan again moved the high court against such re-inquiry, and his continued suspension alleging that all these were deliberate and malicious attempts of the State government so as to keep his suspension prolonged and to subsequently get the occasion to terminate him arbitrarily.

In that plea, by order of July, 2021, court had asked the government, to file justification of Khan’s 4-year-long suspension owing to no final conclusion of the departmental inquiry. Pursuant to this, state government withdrew the re-enquiry order with liberty to proceed in the matter afresh without explaining the cause.

Subsequently, Khan was informed by the Principal of the medical college that it had been decided to proceed against the petitioner afresh with respect to the charge of corruption and medical negligence, under a different rule of the Rules of 1999.

In pursuance of the same, despite Khan’s objection having been filed, he was issued a termination order removing him from his services and reversing the findings of the initial inquiry officer with regard to the charge of medical negligence.

With his present plea, Khan as sought directions to the opposite parties to cancel the termination order and permit him to work on his post with all consequential benefits including back wages and pay fixation, etc.

Case Title: Dr. Kafeel Ahmad Khan vs. State of U.P. and 3 Others