Major Mallikarachchi vs. Lt. General Balagalla and Others – sllr 2005 volume 2 page 313

In the case between Major Mallikarachchi (Plaintiff) and Lt. General Balagalla and Others (Defendants), the court addressed the legality and procedural fairness of disciplinary proceedings concerning allegations of misappropriation of unit rations, funds, and misuse of military property. The determination was made that procedural requirements for the Court of Inquiry were satisfied, as welfare, canteen, and officers’ mess accounts did not necessitate a civilian officer’s nomination under the applicable regulations. It was further established that the petitioner was afforded adequate opportunity for cross-examination and that the absence during a re-examination did not result in prejudice. The proceedings of the Court of Inquiry, being fact-finding only, were distinct from the subsequent di