Hemasiri Fernando v. Hon. Mangala Samaraweera, Minister of Posts, Telecommunications and Media and Others – sllr 1999 volume 1 page 415

In the case between Hemasiri Fernando (Petitioner) and The Hon. Mangala Samaraweera, Minister of Posts, Telecommunications and Media, along with other respondents (Respondents), the court addressed the issue of whether the removal of the petitioner from the position of Director/Chairman of Sri Lanka Telecom Ltd. was arbitrary, capricious, and in breach of fundamental rights under Article 12(1) of the Constitution. It was held that the removal was carried out without reasons, constituting an arbitrary and capricious action in violation of the petitioner’s right to equal protection under the law, thereby ordering compensation and costs. The principle reaffirmed is that unfettered governmental discretion in actions undertaken on behalf of state-controlled companies is inconsistent with rule o