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USAB tells Colombo Uni: Rethink order, reconsider relief to appellant
View(s):The University Services Appeals Board (USAB) has recommended that the Council of the University of Colombo (UoC) reconsider an order and reconsider relief to an official who was sent on compulsory leave on charges of misconduct, the order of the Board said, noting that, “Appellant appears to have suffered unduly due to that order, which we agree is wholly unreasonable,”
The three-member Board headed by Chairman Palitha Fernando P.C., observed that, the order to charge the Appellant on Vacation of Post, does not appear to be proper, and the Board has no jurisdiction to make and order in respect of the vacation of Post served on the Appellant.
Senior Lecturer V.I.D.J. Perera, attached to the Institute of Workers Education, now known as the Institute of Human Resource Advancement, under the UoC, had filed an application seeking a writ prohibiting the implementation of the USAB decision.
In 2001, Mr Perera applied for one year’s sabbatical leave from July 2001 to June 2002 to complete a comparative study on “Impact of Mechanisation on Labour Relations in the Seaports”. The sabbatical leave was approved by the Vice Chancellor (VC) within 12 days.
The study was to be carried out at three major seaports, namely port of Newcastle in the UK, port of Kashima in Japan and in the port of Colombo. He indicated to the administration that he would start the survey in the UK, return to Sri Lanka and thereafter, proceed to Japan.
Earlier, a Supreme Court verdict directed the USAB to comply with the Court of Appeal (CoA) order within three months, and pay Rs 50,000 as costs to the former Senior Lecturer.
The CoA noted in its 2010 verdict that, the application for a second term of sabbatical leave made on June 25, 2004, had not been tabled until August 11. “It is blatantly apparent that, there had been an undue delay in tabling the application, and in fact, the UoC Council had called for an explanation from the relevant officers responsible for the delay,” the judgment said.
After hearing the former Lecturer’s second appeal, on the basis that it was illegal for the UoC Council to convey the decision of sending him on vacation of Post through the VC, the Board held that the UoC Council has imposed a punishment on the Appellant having followed the disciplinary procedure. “It is said that the charge against the Appellant was one of misconduct,”
“Though I am strongly of the view that the decision to send the Appellant on vacation of Post is both unfair and unreasonable, the issue that bothers me is, whether it is within the jurisdiction of this Board to quash that order and direct the Appellant be reinstated in his Post,” Mr Fernando noted in the Order.
Attorney-at-Law, Senany Dayaratne, with Mrs Nishadi Wickremasinghe, appeared for the Appellant, while Attorney-at-Law, Riyad Ameen and Ms Kaushalya Dissanayake, instructed by Sinnadurai Sundaralingam and Balendra, appeared for Respondent Senior Assistant Registrar, UoC.
The Board comprised Chairman Palitha Fernando P.C., Vice Chairman Neville Abeyratne and Dr Mrs Neela Gunasekara.