Lokuhennadige vs. Lt. General Sarath Fonseka and Others – sllr 2010 volume 2 page 085

The case between Lokuhennadige (Plaintiff) and Lt. General Sarath Fonseka and others (Defendants) addressed the legality of disqualifications concerning the Court of Inquiry’s composition, the lawful imposition of financial deductions from an army officer’s pay as a surcharge, and the procedural requirements for disciplinary actions including withdrawal of commission and dismissal. It was held that the 3rd respondent was qualified to participate in the inquiry and that the temporary absence of the 6th respondent did not vitiate its findings. The findings established that the deduction from the petitioner’s salary was a permissible surcharge aimed at recouping the Army’s loss, not a form of punishment. However, punitive actions such as withdrawal of commission and dismissal required a disci