India Tomorrow

New Delhi, May 11— In a big relief to Dr. Kafeel Ahmed Khan, renowned paediatrician suspended from the BRD Medical College & Hospital, Gorakhpur by the Yogi Adityanath government of Uttar Pradesh in August 2017, the Supreme Court of India on Friday ordered the state government to complete the inquiry by June 7 as per the Allahabad High Court order and pay him the suspension allowance.

The top court, however, refused to interfere with the suspension order of the state government.

“We are not inclined to interfere under Article 136 of the Constitution of India. The special leave petition is accordingly dismissed. We, however, make it clear that the dismissal of this special leave petition will not amount to any imprimatur of the findings recorded by the High Court. Needless to say that the petitioner would continue to be paid the suspension allowance as admissible. Pending applications stand disposed of,” said the bench of Justices Sanjay Krishan Kaul and Justice Indira Banerjee.

Following the shortage in oxygen cylinder supply at the Gorakhpur hospital in August 2017, dozens of children had died. The state government had suspended several doctors and officials including Dr. Kafeel on August 22, 2017. They were arrested and sent to jail. Dr. Kafeel moved the Allahabad High Court challenging the suspension order saying that he was not responsible for oxygen supply at the hospital. He was released from jail in April 2018.

On March 7, 2019, the High Court ordered the state government to complete the inquiry in 90 days.

In a short video that he posted on his Twitter handle after the Friday order of the Supreme Court, Dr. Kafeel said that since his suspension in August 2017, the state government has not paid him suspension allowance which, he says, has now accumulated to around Rs 10 lakh. He also expressed hope that the inquiry against him will now be completed by June 7. He alleged that administrative officials of the hospital and the Gorakhpur district were responsible for delay in payment to the gas vendor resulting in shortage of oxygen supply at the hospital. But, he charged, he was made scapegoat by the Yogi government to save those officials.