Gorakhpur hospital case: SC refuses to interfere in suspension of Dr Kafeel Khan

A Bench of Justice Sanjay Krishan Kaul and Justice Indira Banerjee dismissed the appeal filed by suspended pediatrician Dr Kafeel Khan against the Allahabad High Court's March 7 order on his suspension. It also made it clear that dismissal of the petition will not amount to approval of the findings recorded by the High Court.

New Delhi: The Supreme Court has declined to interfere with the suspension order of doctor Kafeel Ahmad Khan, one of the accused in the death of infants at the BRD Medical College in Gorakhpur in 2017.

A Bench of Justice Sanjay Krishan Kaul and Justice Indira Banerjee dismissed the appeal filed by suspended pediatrician against the Allahabad High Court's March 7 order.

In its order passed on Friday, the top court while dismissing Khan's plea observed that he would continue to be paid suspension allowance as per law.

It also made it clear that dismissal of this petition "will not be amount to any imprimatur of the findings recorded by the High Court".

The Allahabad High Court in its March 7 order had observed that Khan's non-cooperation was the reason for delay in the disciplinary proceedings and while disposing of his petition against suspension order had directed the authorities to complete the proceedings within three months.

On August 22, 2017, Khan was suspended from service following the deaths of about 60 infants in the hospital due to lack of oxygen, after oxygen suppliers cut off supply due to non-payment of dues by the hospital.

An FIR was registered against Khan under charges of attempt to commit culpable homicide, criminal breach of trust and criminal conspiracy. The additional charges of corruption and private practice have already been dropped during an investigation for lack of evidence.

It was alleged that the doctor was negligent in his duties, which resulted in a shortage of oxygen.

Khan had claimed that he was made a scapegoat in BRD Medical College oxygen tragedy.