Allahabad HC asks UP Govt. to justify continuing suspension of Dr. Kafeel Khan from Medical College

Read Order: Dr. Kafeel Ahmad Khan v. State of UP & 4 Ors. 

LE Staff

Prayagraj, August 3, 2021: The Allahabad High Court had asked the Uttar Pradesh government to justify the four-year-long suspension of Dr. Kafeel Khan, who was suspended from the BRD Medical College, Gorakhpur in 2017. 

On the plea moved by Dr. Khan challenging his suspension, the Bench of Justice Yashwant Varma observed that the disciplinary authority chose to pass the suspension order after almost 11 months, even when the earlier petition before the High Court was disposed of on March 7, 2019 with a direction to the respondents to conclude the inquiry within three months.

In the present case, Dr Khan had challenged an order of suspension dated 22 August 2017 along with an order of 24 February 2020 passed by the Disciplinary Authority which, while accepting the report submitted by the Enquiry Officer in part and dissenting with the findings returned by the Enquiry Officer in respect of two charges, directed a further enquiry to be conducted.

The petitioner was constrained to approach the High Court earlier by filing a Writ in 2019 on the ground that although he had been suspended way back in 2017, yet the enquiry proceedings had not been concluded till the filing of that petition, noted Justice Varma. 

“The delay in taking further action on the part of the disciplinary authority is not explained. The respondents are also obliged to justify the continuance of the order of suspension which has continued for more than 4 years,” found the Bench.