Hebtulabhoy & Co. Ltd. v. Fernando – sllr 1988 volume 1 page 191

In the case between Hebtulabhoy & Co. Ltd. and A. L. M. Fernando, High Court Judge & Others, the court addressed the constitutional validity of the Judicial Service Commission’s power, under Article 114 (read with Article 114(6)), to appoint an individual already serving as a High Court Judge as an Additional District Judge of Colombo. It was held that such an appointment was constitutionally valid and that the Commission acted within its legal authority, affirming that the legal provisions did not prohibit a High Court Judge from being temporarily appointed to a subordinate judicial office for specific purposes. The court reaffirmed the principle that the exercise of appointment power by the Judicial Service Commission under the Constitution is not restricted unless expressly stated. This