The Allahabad High Court sought the response of the Uttar Pradesh Government regarding the continuing suspension of Dr Kafeel Ahmed Khan, a Paediatrician working with BRD Medical College, Gorakhpur for over four years.
A Single Bench of Justice Yashwant Verma passed this order, while hearing a petition filed by Dr Khan.
The petitioner challenged the order of suspension dated August 22, 2017. An additional challenge was made to the order of February 24, 2020 passed by the Disciplinary Authority, which has, 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 Court noted that the petitioner was constrained to approach the Court earlier 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. 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.
The Court was informed by the Counsel of the petitioner that pursuant to that direction the Enquiry Officer submitted his report on April 15, 2019. The disciplinary authority however chose to pass the impugned order after almost 11 months. 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.
Counsel for the Petitioner also assailed the impugned order on the ground of it being unsustainable in view of the principles enunciated in Punjab National Bank Vs. Kunj Behari Misra [(1998) 7 SCC 84].
On the request of the Standing Counsel prayed for time to obtain instructions and address submissions the court adjourned the matter till 05 August 2021.
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