Pushpakumara vs. Lieutenant Commander Wijesuriya and Others – sllr 2010 volume 2 page 393

In the case between Pushpakumara (plaintiff) and Lieutenant Commander Wijesurya and Others (defendants), the court examined whether the dismissal of the petitioner from the Navy with dishonour, as confirmed by the President, could be nullified via a writ of certiorari due to alleged procedural defects in the summary trial. It was determined that the constitutional immunity provided to the President under Article 35 precludes judicial review of the decision confirming dismissal. The principle affirmed was that where the President’s confirmation is required for a disciplinary sanction, actions and intermediary recommendations preceding this confirmation do not independently confer rights or trigger judicial review, especially where presidential immunity applies. The decision relied on consti