The Supreme Court has dismissed four FR applications [SC FR Applications 562/2011, 563/2011, 564/2011, and 565/2011] seeking to quash the decision of the Ports Authority dismissing four employees for misappropriation of Ports Authority Funds and leaving the country without obtaining prior permission in violation of the stipulations of the Establishment Code and Disciplinary Code of the Ports Authority.
Counsel appearing for the petitioners submitted to court that the said four employees who were dismissed were subject to victimisation in personal disputes with the Chairman of the Ports Authority. However, Faiszer Musthapha Attorney-at-Law appearing for the Ports Authority and other Respondents brought to light that these employees, who were dismissed, had in fact attempted to rectify their default by obtaining approval from another close relative of theirs who was a working director at that time – subsequently to their breaches of the Establishment Code and Disciplinary Code of the Ports Authority.
The principal argument on behalf of the petitioners were that though their conduct was in violation of the Establishment Code and Disciplinary Code of the Ports Authority, such wrongful conduct was not punishable by dismissal on the first occasion.
The four FR applications were dismissed and leave to proceed was refused by the bench consisting of Dr. Shirani Bandaranayake (Chief Justice), Justice N.G Amaratunga and Justice Sureshchandra.
The petitioners were represented by M.U.M Ali Sabry while Respondent Sri Lanka Ports Authority was represented by Tharaka Nanayakkara, Isuru balapatabendi Attorney’s-at- Law with senior Counsel Faizer Musthapha. State Counsel Rajiv Gunathilake appeared for the Attorney General.