Peiris v. Wijesuriya, Director of Irrigation and Others – sllr 1999 volume 1 page 295

In the case between Peiris (Plaintiff) and Wijesuriya, Director of Irrigation and Others (Defendants), the court addressed the lawfulness of retirement under Rule 12 of the Minutes on Pensions in the context of ongoing or contemplated disciplinary proceedings. It was held that retirement of the petitioner under Rule 12 was lawful as disciplinary proceedings were reasonably considered to be pending or contemplated, and the appeal was dismissed. The principle reaffirmed is that recommended time limits for disciplinary inquiries, as prescribed by departmental circulars, are directory rather than mandatory, and a bona fide delay, justified by complex investigations, does not render the retirement unlawful. Reliance was placed on the interpretation of Rule 12, judicial precedent, and the nature