By notification in the Gazette dated 10.05.1996 the Ministry of Health called for applications from persons desirous of following a course of training leading to the award of the certificate of competency as Assistant Medical Officers. Fifteen petitioners who were eligible for enrolment to follow the course of training applied in response to the notification and sat a competitive examination conducted on 27.12.1996; and they were so placed on the results of the examination as to be qualified to follow the course of training. According to the scheme published in…
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ANURA BANDARANAIKE v. W. B. RAJAGURU, INSPECTOR-GENERAL OF POLICE AND OTHERS | 19991SLR 93
On 12. 02. 1997 at about 2.15 am the 2nd respondent Deputy Inspector-General of Police, Criminal Investigation and the 3rd respondent Deputy Director, Criminal Investigation entered the petitioner’s residence without a warrant or the petitioner’s permission purporting to act under sections 24 and 25 of the Code of Criminal Procedure Act on the basis that they had “reason to believe” that a murder suspect – one Punchi Nilame had entered the premises. Those respondents stated that they acted on the instructions of the 1st respondent Inspector-General of Police who had…
Read MoreKARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157
The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…
Read MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS | 199 2SLR 23
On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…
Read MorePREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395
The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…
Read MoreJAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97
The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the…
Read MoreSURANGANIE MARAPANA v. THE BANK OF CEYLON AND OTHERS | 1997 3SLR 156
The petitioner had an unblemished record of 25 years of service at the Bank of Ceylon. She was fully qualified and had received special training in Banking Law and practice and allied subjects in London, Italy and Singapore. She was the Chief Legal Office of the Bank from 1.11.88 during which period she had enhanced the efficiency and streamlined the functions of the Legal Department. As she was to reach the age of 55 years on 27.11.96 she applied to the Bank on 25.5.96 for an extention of service for…
Read MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS S.C. (SPECIAL) NO. 235/96
On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…
Read MoreKARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS| 1997 1SLR 256
The Commissioner of Labour (2nd respondent) acting on the recommendation of an Assistant Commissioner (3rd respondent) to whom he had delegated the power to hold an inquiry, as permitted by Section 11 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, held that the termination of services of the appellant workman was contrary to Section 2(1) of the Act and ordered his reinstatement with back wages. The 2nd respondent failed to give reasons for his decision, though requested by the 1st respondent employer. No material…
Read MoreCHANDRASENA V. KULATUNGA AND OTHERS |1996 2SLR 326
The Petitioner, a trained teacher ‘complained that he was transferred from Puttalam Regional Education Office to the Nikaweratiya Regional Education Office, in the middle of the year, with only 6 days notice, ‘without valid reasons or cause and in an arbitrary, malicious and capricious manner, subjecting him to selective hostile discrimination*. The Petitioner averred that no other teacher in North – Western Provincial Council had been transferred in this manner. The 3rd Respondent (North – Western Provincial Director of Education) claimed that the transfer was on disciplinary grounds, with the…
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