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Allahabad High Court seeks reply on Dr Kafeel Khan’s Plea against Termination of Service

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Doctor Kafeel Khan Law Insider

Shivani Gadhavi

Published On: February 03, 2022 at 17:43 IST

The Allahabad High Court instructed the Uttar Pradesh Government to file a Counter Affidavit within four weeks against Dr Kafeel Ahmad Khan’s Plea where he challenges the Termination of his Services at Baba Raghav Das Medical College and Hospital in Gorakhpur.

The State Government had Terminated Dr Kafeel Khan’s Services in November, 2021 in connection with the death of 70 children due to lack of oxygen supply in 2017.

The Allahabad High Court Bench of Justice Rajan Roy heard the Plea within which the Petitioner, Dr Kafeel Khan Alleged that Termination of his job is Arbitrary and Illegal in nature and that it is in violation of Principles of Natural Justice and U P Government Servant (Discipline and Appeal) Rules, 1999.

The Petitioner urged that at the time of the incident, he was just a Junior Lecturer in the college’s Paediatric department and that he had no connection with the incident nor did he commit any Illegality which may be considered as misconduct under U.P Government Conduct Rules 1965.

Khan also claims that the Termination Order was given by taking the findings of the Inquiry Officer into consideration and not the Petitioner’s reply to the Show Cause Notice.

He was earlier given a clearance from charges of Medical Negligence, Corruption and Dereliction of duty in 2019. However, another Inquiry was set up against him in February, 2020 wherein he was found Guilty of Corruption and Medical Negligence.

Pertaining to the Alleged charges, the Petitioner had approached the Allahabad High Court in July 2021, challenging his continuous suspension from job. The Court also sought justification from the State regarding the 4 year long suspension of the Petitioner and also about the reason behind no final conclusion of the re-inquiry.

The State Government however, issued the currently Impugned Termination Order against the Petitioner. The Petitioner in his Plea is seeking cancellation of the Termination Order and re-appointment to his job.

The High Court Bench in light of all the facts, directed the State Government to file a Counter Affidavit within four weeks against the Petitioner’s Plea and Ordered the Petitioner to file Rejoinder to the Counter Affidavit within two weeks.