Captain Nawarathna v. Major General Sarath Fonseka And 6 Others – sllr 2009 volume 1 page 190

In the case between Captain Nawarithna (Petitioner) and Major General Sarath Fonseka and others (Respondents), the Supreme Court addressed procedural impropriety and potential bias in Sri Lanka Army disciplinary proceedings. The core legal issue focused on whether a summary trial for alleged conduct unbecoming of an officer, specifically the failure to honor an undertaking to marry, complied with rules of natural justice and the test for bias. It was held that the disciplinary decision was tainted due to the real likelihood of bias, given the personal involvement of the officer conducting the trial. The court reaffirmed the principle that any risk of partiality taints administrative or quasi-judicial decisions, referencing established standards including the “real likelihood” or “reasonabl