Gunaratne v. Chandrananda De Silva – sllr 1998 volume 3 page 265

In Gunaratne v. Chandrananda de Silva, involving the petitioner, Senior Deputy Inspector General of Police Gunaratne, and the respondent, Secretary, Ministry of Defence, the court examined the legality of placing the petitioner on compulsory leave following adverse findings by the Batalanda Commission. The central issues addressed included whether the Secretary, Ministry of Defence, possessed the requisite authority to impose compulsory leave and whether retrospective ratification by the Public Service Commission (PSC) could validate an act initially void due to lack of proper delegation. It was held that the Secretary’s action was ultra vires and that the legal maxim “an act void at its inception cannot be ratified” precluded subsequent approval from curing the defect. Consequently, the c