The Uttar Pradesh Government has informed the Allahabad High Court through its counsel that it has decided to withdraw the re-enquiry against Dr Kafeel Khan which was started on February 24, 2020. The development took place on August 6, 2021.The High Court also noted that this decision had been taken by the Govt. in light of what the Court had recorded in its earlier order on 29.07.2021.
In that order, the Court had noticed the delay of 11 months in re-initiating an enquiry against Dr. Kafeel Khan when the Enquiry Officer had already concluded earlier enquiry and submitted his report on 15.04.2019.
In light of withdrawal of re-enquiry by the Govt., the previous enquiry report submitted on 15.04.2019 by Enquiry Officer -- Principal Secretary Mr Himanshu Kumar -- has survived and the Govt. has also submitted that it will make every endeavor to conclude the disciplinary proceedings within a period of three months.
In his Enquiry Report submitted on 15.04.2019, Mr. Himanshu Kumar, IAS, had categorically stated:
1- That at the time of BRD tragedy, Dr. Kafeel was the junior most doctor and he had joined BRD medical College, Gorakhpur on 08.08.16 as a lecturer under probation and at the time of incident as well he was on probation.
2- Despite being on leave on 10.08.17, he rushed to BRD medical college Gorakhpur on that fateful night and tried to save every innocent life. He & his team managed to arrange 500 cylinders in those 54 hours.
3- He called 26 people on that fateful night to all the official of BRD medical college including District Magistrate Gorakhpur.
4- There is no evidence that suggests his involvement in corruption.
5- He was not responsible for payment / order / tender /maintenance of oxygen supply.
6- He was not the head of encephalitis ward.
7- There is no evidence that he was doing private practice after 08.0816.
8- Charges of medical negligence were baseless and without any substance.
Speaking to National Herald, Dr Kafeel Khan said it was a significant development and was a step forward in his fight for justice, although it was a ‘partial relief’.
“The court had made it clear that if UP govt did not budge, it would pass appropriate orders. This is what pushed the govt, which had been projecting me as sort of a hardened criminal, against the wall,” Dr Khan said.
“The real justice will only be done, however, when the UP govt compensates the parents of the children who died due to the oxygen shortage at BRD Hospital, Gorakhpur,” he said, adding, “The oxygen crisis during March-April this year due to which lakhs of people died reminded me of that event. In both instances, the govt was in denial mode, saying nothing of the sort had happened."
“Call it a coincidence, but the next hearing is scheduled on August 10, which is the fourth anniversary of the tragedy,” Dr Khan said.
