Colonel Fernando vs. Lt. General Fonseka – sllr 2010 volume 2 page 101

In the case of Colonel Fernando (petitioner) v. Lt. General Fonseka (representing the authority of the Army), the court addressed the issue of whether the Commander of the Army lawfully exercised authority to issue a warning and recommend the petitioner’s retirement based on findings from a Court of Inquiry. It was determined that the warning issued to the petitioner, being a disciplinary measure following a fact‐finding inquiry, was within the Commander’s power and did not necessitate the procedural safeguards required in a disciplinary inquiry. However, the recommendation and direction for retirement were held to be ultra vires, as the Commander lacked the legal authority to retire the petitioner under such circumstances. The court further held that mandamus cannot compel the confirmatio