Sudu Hakuruge Sarath Kumara Pathkada v. National Gem and Jewellery Authority et al. – SC MISCELLANEOUS 02/2013-2023

In the case between Sudu Hakuruge Sarath Kumara (Appellant) and the National Gem and Jewellery Authority (including its Chairman), the Secretary to the Ministry of Environment, and others (Respondents), the issue concerned whether the Secretary, in the appellate process regarding the refusal of a gemming licence, relied on extraneous material—a letter submitted after the inquiry—without affording the Appellant an opportunity to be heard, thereby violating principles of natural justice and fair play. It was held that such reliance was improper, the impugned decision was quashed, and the matter was remitted for reconsideration in terms of Section 15(9) of the relevant Act. The finding reaffirmed the principle that parties affected by an adverse administrative decision must be given an opport