My sister is working as a contract radiographer in medical college which is under GB Pant Hospital Port Blair. Around 8 months ago there was a damage to MRI machine because of the fault of the ward attender. As even after giving the instructions by my sister before starting MRI, HE forgot that and he took the wheel chair inside the mri room when th machine was on. But he problem was solved and there was no issue regarding that. And it was repaired. But that time my sis was on duty. But, now the vacancy notice for Jun. Radiographer was mentioned in the DT, and her name was also there in the eligible candidate list for this post. And now someone has registered a notice against her that it was her fault, but it is not so. And now the DHS has given a notice to medical college to terminate her and further she is not eligible for the post in future.
1) your sister is working on contract basis
2) services of contract employee can be terminated by the employer
3) since your sister was on duty during time incident happened and MRI machine was damaged she should have complained against the ward attendant .
4) she can make representation to DHS that machine got damaged due to fault of ward attendant
Even the ward attendant has accepted his mistake and he has given an apology letter
Dear Client,
In response to the notice, make a representation mentioning all the facts and apology letter of ward attendant.
Annex copy of apology letter.
rely upon apology letter given by ward attendant to prove that there was no negligence on your part
She must challenge the notification by means of which this vacancy has been notified and seek a stay on the same.
She cannot be terminated for the incident which resulted in causing damage to the MRI machine because this cannot be even remotely held for the mistake of her assistant.
In any view of the matter, she cannot be terminated without being given an opportunity of hearing.
She has to contest the said notice though she was responsible for safe keeping of machinary she should have made a complait.
File a representing before DHS in written form along with the apology letter by the ward boy
Further also the machine was repaired and department raised no objection so that can be a ground and now this cannot be said be reason of her eligibility.
Further if no relief from dhs file a representation before the high court and seek relief as she is entitled and she cannot be barred.
The recruitment may not be impacted for this lapse on her side.
Whether she handled or not, she was on duty at that place at the same time, so she can be vicariously liable to the incident.
Since she is a contract labor she cannot claim rights in the employment or recruitment.
If there is any legal entitlement on this through the department for priority to the existing temporary or contractual staff, she may make a representation about it.
If she is not considered for the reasons that may be cited by the authorities, she may look into the authenticity of the reason and then plan to initiate legal action if feasible and necessary.
Even the ward attendant has accepted his mistake and he has given an apology letter
Since the authorities decided to remover her from the employment, this may become a strong reason and any plea made before them would fall on their deaf ears only.
Hence you may contemplate to initiate proper legal action on this.
Dear Madam/Sir,
Immediately approach the High Court/Service Tribunal to stay on such termination notice which is illegal. Without enquiry no body can be terminated.
