Allahabad HC says it will go ahead with Kafeel Khan's plea if state delays filing counter, shows affidavit

Lucknow: The Allahabad High Court's Lucknow bench has said that it would go ahead and decide Dr Kafeel Khan's plea challenging his sacking from BRD Medical College in Gorakhpur in the second week of January even if a counter affidavit is not filed by the Uttar Pradesh government.

As the matter came up for hearing on Monday, it was submitted by the petitioner that one year had lapsed since the filing of the petition, but the state government has not filed its counter affidavit.

Justice Rajan Roy cautioned the state government that in the absence of the counter affidavit, the court would be constrained to consider the pleadings of the petition as true and decide the petition accordingly.

Khan had moved the HC against the termination order passed by the state.

The Uttar Pradesh government had sacked Khan, who was in charge of the encephalitis ward in BRD Medical College, at Gorakhpur after 63 children had died in August 2017 due to an alleged shortage of oxygen.

Khan had claimed that he was targeted as he had highlighted shortcomings in the system.