M.D.S.A. Perera vs Dharmasena Dissanayake – SC FR/APPLICATION NO. 62/2020-2023

In the case between M.D.S.A. Perera and the Public Service Commission (with its Chairman and Members) along with other associated government officials and agencies, the court addressed the issue of an alleged violation of the petitioner’s fundamental right to equality under Article 12(1) of the Constitution. It was held that the initiation and conduct of disciplinary proceedings against the petitioner, particularly on the verge of his retirement, were procedurally irregular and constituted an unlawful exercise of authority. The findings established that the actions taken against the petitioner—amidst conflicting recommendations following internal investigations—lacked proper legal basis and infringed on established principles of fairness and equality, as recognized under the Constitution a