SC dismisses FR petition of Ports Authority employee

The Supreme Court has dismissed a fundamental rights application (S.C. Application (F/R) No: 04/12) seeking to quash the decision of the Ports Authority dismissing an employee for leaving the country without obtaining prior permission in violation of the Establishments Code, the Procedural Guidelines and the Disciplinary Code of the Ports Authority.

Counsel appearing for the petitioner, submitted to Court, that the said employees’ dismissal was carried out in a vindictive manner and though his conduct was in violation of the Disciplinary Code of the Ports Authority, such wrongful conduct was not punishable by dismissal on the first occasion as stipulated therein.  

However Counsel Faiszer Musthapha appearing for the Ports Authority, brought to notice of the Court, that the said conduct of the employee amounts to grave misconduct under the Disciplinary Code, as it is in violation of the Procedural Guidelines of the Ports Authority and hence punishable by dismissal.  The FR application was dismissed and leave to proceed was refused by the bench consisting of Justice K. Sripavan, Justice Sathya Hettige PC and Justice Chandra Ekanayake.

Counsel M.U.M Ali Sabry represented the petitioner while senior counsel Faiszer Musthapha together with Isuru Balapatabendi and Navoda Wijeratne represented Sri Lanka Ports Authority.