AUGUSTINE Vs. PORT OF COCHIN

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution by Raphael Augustine an employee in the Dry Dock of the Cochin Port questioning an order of suspension passed against him by the Respondent, the Mechanical Superintendent I dent of the Port.

(2.) Petitioner is a First Class Fitter in the Dry Dock under charge of the respondent. On 2-8-1956, himself and certain co-employees were asked to report for duty on the dredger "Lady Wellingdon" on Sunday the 5th August - following. Petitioner and some few did not turn up for work. Petitioner failed also to submit explanation on being called on. He was then asked to show cause why action should not be taken against him under the Standing Orders No. 18(C)(5) for "insubordination or disobedience, whether alone or in combination with others to any lawful and reasonable orders of a superior". Vide Ext. I notice dated 14-8-1956. In due course an enquiry was held on 23rd, 24th and 25th August 1956 in the office of the Respondent. The petitioner refused to cross examine the witnesses or otherwise participate in the proceedings. By Ext. III order dated 29 - 8-1956 he was found guilty of the misconduct alleged against him and by way of punishment was suspended for four days without pay with effect from 4th September 1956. This petition was filed thereafter on 19-9-1956.

(3.) The main grounds relied upon by the petitioner in support of the petition were:-