D S R Weerakoon v. Lt. Gen. A W J C De Silva et al. – CA WRIT APPLICATION NO. 382/2015-2016

In the case between D S R Weerakoon, Lieutenant Colonel (temporary), as Petitioner, and senior officials of the Sri Lanka Army (including Lt. Gen. A W J C De Silva and Maj. Gen. Jagath Dias) as Respondents, the court addressed whether the retirement of the Petitioner from the Sri Lanka Army without confirmation in the rank of Lieutenant Colonel was ultra vires the powers of the Army Board. It was held that the Army Board acted in excess of its authority by both declining confirmation and recommending compulsory retirement without adherence to required statutory procedures. The principle reaffirmed is that administrative authority must strictly adhere to the scope and process prescribed by law, particularly in service terminations. Reliance was placed on the Army Act and relevant regulation