Hi

You are working on records in another hospital?

If yes then you are discharging your duties to the nation during this pandemic. 

You submitted resignation. 

Nothing to worry. They cannot bound you legally to work there.

Thanks

this will be clear only on seeing the MOU between the hospital and the government

you gave resignation in early March

whereas it appears that the MOU was signed post that

so it may not cover cases of resignation submitted prior to the MOU 

Yes. Your resignation is suspended and if you absent from work than FIR may file agaisnt you along with suspension of license temporarily or permanent.

Already happening in counrty.

An FIR can be filed against you for dereliction of duty under epidemic act 

further disciplinary action can be taken against you by medical council 

Dear Sir/Madam,

In the pandemic condition, not only the license cancellation but also the FIR can be registered against the person for not doing duty by a doctor. 

Yes they can invoke mesma 2017 against you along with epidemics Act

No legal action can be taken for not serving the notice period.  So far cancellation of licence is concerned it is your ethical duty to serve the nation during this pandemic covid-19.

So make your stand clear that due to lock down you could not come back to join duties but you are combating Covid patients in your present place under another hospital .

Inform this to your hospital authorities with a copy to Health secretary , union govt by fax or WhatsApp or any other e-mode.

Respected sir ...

as you know world is facing the crisis of covid19 where Government have imposed duties of the government practitioner doctors to attend and to tackle with the situation of covid 19 but no one can force you regarding your duty it is your basic right it is your right under article 21 where it is solely and totally depends upon you that where and how will you practice yes you have broken the contract only but only that is not sufficient for cancellation of licence  no FIR will be lodge against you as  there are no provision of law does not states that....

Thank you

-  As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount , company cannot harm you for the same.

- Further, as per health secretary’s directive, the Doctors cannot resign or refuse to serve due to any reasons, otherwise FIR will be lodged against him under Epidemic Disease (Covid-19) Regulation-2020 and Epidemic Disease Act, 1897 , and further he may also face cancellation of his Medical Council of India (MCI) registration.

- Since, you are already working in other city in another hospital to combat corona virus , hence you should send a detail notice/information to the said hospital and further a copy of the same should be forwarded to Health Secretary as well. 

- You can send the same via email / watsup ec, due to knockdown. 

Hello,

As you are in another hospital and helping patients affected with COVID 19 there is no chance that your license will be suspended for not being with that hospital.

Regards

Dear Sir,

During this period you have not rights only duties and government may take any action against, however facilities are given to you as per following SC judgment.

===========================================================

SC directs Centre to ensure doctors, medical staff attending to Coronavirus patients get appropriate PPE, security. Please visit the following link

https://economictimes.indiatimes.com/news/politics-and-nation/sc-directs-centre-to-ensure-doctors-medical-staff-attending-to-coronavirus-patients-get-appropriate-ppe-security/articleshow/75052237.cms?from=mdr

The licence of a medical practitioner cannot be suspended for this reason.

You said that you have submitted resignation we before the lock down situation arose, hence your resignation  should not attract the emergency situation.

In the present situation you do not initiate any steps, you continue to work in the present hospital and obtain a certificate to this effect that you were properly deployed for their fight agaisnt the Covid-19 .

This certificate will be a substantial documentary evidence that your intention was not to neglect the emergency duties a doctor should be attending during the time of such a medical crisis.

You can fight it out legally when the situation arises on the basis of the documentary evidences and merits on your side.

Dear Querist

As per your information, you are working in another hospital and fight with the COVID-19, so no need to worry, there is no Professional Misconduct on your part and your Licence can not be suspended due to your resignation and not comply with the terms and conditions of your appointment letter. 

Even they can not lodge an FIR against you on this point but they can claim compensation/recovery of damages for the terms of 3 months' notice. Generally, you will have to pay an amount equivalent to three month's salary or as per the terms and conditions of your appointment letter. if you have an appointment letter then read the terms and conditions carefully and return to us, we will discuss the matter in detail and try to give you our best advice.

Feel Free to Call

1. If you are already working in some hospital which is engaged in combat with corona virus then your license will not be suspended even after complaint from previous hospital. 

2. If your previous employer still lodge FIR against you then you can defend yourself by taking ground that you were shifted to another hospital before Disaster management act or epidemic act came into force.

3. But if your resignation was not accepted or revoked and you left without intimation to previous hospital then they can declare you as absconding from duty.

Since the virus hit India -which has been under lockdown since March 23. yes they can lodge FIR  against you. 

Had it been for commercial gain your case would have been different.

Under prevailing circumstances, you are rendering your services at some place to combat the epidemic.

No, your licence cannot be cancelled under the present situation.  However, you communicate to your earlier employer through mail about the situation which lead to takeup the present activity and request them to restrain from doing anything adverse in the interest of principles of natural justice.

1. As per the information mentioned in the present query, makes it clear that you have been working and serving the people in another city during this pandemic of corona virus.
2. I would like to apprise you that they should not saying so as at the end of the day you are serving somewhere else also.
3. You gave the resignation due to family reason and then got engaged at present place.
4. If they happen to file any complaint against you then I would advice you to go before the Hon’ble High Court under writ jurisdiction to contest your case.

If you are working and that too against the pandemic, i don't think that the hospital cn take any action against you. If you were on leave or not working to combat the virus it would have been a problem. But not now. Explain the situation to them. Send a letter also to the CMO and the health secretary.