The High Court yesterday rejected a surgeon's application for an injunction restraining the Health Service Executive from dismissing him from what he claims is his position as consultant orthopaedic surgeon at Cork University Hospital and St Mary's Hospital, Cork.
Indian-born Karuppiah Maha Lingham, who has been an Irish citizen since 1973, had sought an interlocutory injunction pending the full hearing of his action. Dr Lingham, of Carbery House, Hartlands Avenue, Glasheen, Cork, claimed the HSE was purporting to terminate his employment with effect from May 31st next.
Ms Justice Mella Carroll said Dr Lingham had a remedy in damages or he could apply to the Employment Appeals Tribunal.
Referring to claims there was racial discrimination against Dr Lingham, the judge said if there was such discrimination it was not by the HSE and those were issues to be dealt with at the trial.
Mr Tony McNamara, general manager, Cork University Hospital, in an affidavit, said the HSE never had any problem or difficulty with Dr Lingham and "holds him in high esteem." Because he had failed to get one of the permanent posts, the HSE no longer had a position for him within its orthopaedic department.