Gorakhpur Tragedy: Re-inquiry order against Dr. Kafeel Khan withdrawn, UP government informs Allahabad High Court

The Uttar Pradesh government has informed the Allahabad High Court that it has withdrawn its order for a departmental re-inquiry against Dr. Kafeel Khan in connection with the 2017 Gorakhpur tragedy..A single-judge Justice Yashwant Varma was informed on Friday that the re-inquiry order against Dr. Khan has been withdrawn. The government added that efforts would be made to complete further disciplinary proceedings within the next three months.."From those instructions, it is pointed out by Sri Goyal that the order of 24 February 2020 impugned in this petition has been withdrawn subject to liberty being reserved for the respondents to proceed in the matter afresh and in light of what was noted by the Court in its order of 29 July 2021. It was further submitted that all endeavour shall be made to conclude the disciplinary proceedings within a period of three months", the Court recorded in its order. .The Court was hearing a petition by Khan challenging the re-inquiry order which passed on February 24, 2020, two years after he was given a clean chit by the government..The Court further questioned the government about the delay in re-instating Khan, as it was noted that seven out of nine people earlier suspended have already been reinstated.."That only leaves the Court to consider the justification for continuing the suspension of the petitioner which was pursuant to an order passed on 22 August 2017. In paragraph 54 of the writ petition, it is disclosed that by that order initially proceedings were drawn against nine persons. Seven out of those who were suspended along with the petitioner have since been reinstated pending conclusion of disciplinary proceedings.".In this regard, Additional Advocate General, Manish Goyal sought time to obtain requisite instructions. .Dr. Khan was suspended after the Gorakhpur BRD oxygen tragedy of 2017 when over 60 children who were patients at a hospital died after the sudden stoppage of liquid oxygen supply..Khan and others were suspended and prosecuted on allegations of negligence and culpable homicide. He was granted bail in February 2020 by the Allahabad High Court. However, prior to being released, the provisions of the National Security Act (NSA) were invoked by the authorities resulting in the continuation of his detention. Later, the Allahabd High Court quashed the NSA detention, a decision that was upheld by the Supreme Court. .Khan also moved a petition challenging an order of suspension dated August 22, 2017. By an order of March 7, 2019 that petition was disposed of with a direction to the respondents to conclude the enquiry within three months..Pursuant to that direction, the Enquiry Officer submitted his report on April 15, 2019. The disciplinary authority however chose to pass its order after almost 11 months on February 24, 2020 and no further action was taken.The matter will be heard next on August 10. .[Read order]