Dr Kafeel’s counsel argued that since the petitioner is already a suspended employee, there is no reason to pass a second suspension order. He said that there is no such rule which allows the state government to issue fresh suspension order to a suspended employee.
Allahabad High Court (File photo)
Allahabad High Court (Allahabad High CourtSeeing relief to Dr. Kafeel Ahmed Khan, has stayed the second suspension order against him. The doctor was suspended for the second time on July 31, 2019, for forcibly treating patients at the Bahraich District Hospital and criticizing the policies of the government.
He was earlier suspended following a tragedy at Gorakhpur’s BRD Medical College, where around 60 children died due to lack of oxygen in August 2017. Hearing a writ petition filed by Khan, Justice Saral Srivastava directed the authorities to conclude the investigation against him within a month.
Next hearing will be on November 11
The court further directed that the petitioner shall cooperate with the investigation and if he does not do so then the disciplinary authority may proceed to terminate the investigation. The court, while fixing November 11 for hearing, has also asked the state authorities to file a reply in four weeks.
The counsel for the petitioner had argued that the suspension order was passed on July 31, 2019 and more than two years have passed but the investigation is not over. Therefore, in view of the decision of the Apex Court in Ajay Kumar Choudhary v Union of India (2015) 7 SCC 291, the suspension order cannot be enforced.
Cannot be suspended again
He further argued that since the petitioner is already a suspended employee, there is no reason to pass a second suspension order. He said that there is no such rule which allows the state government to issue fresh suspension order to a suspended employee.
However, the counsel for the state government submitted that the inquiry report against the petitioner has been submitted on August 27, 2021, a copy of which has been sent to the petitioner on August 28, asking for objections to be lodged.
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