K.D.T.D. Kapila Kodagoda v. A.W.J.C. de Silva RWP USP NDU PSC et al. – CA WRIT 151/2016-2016

The case between K.D.T.D. Kapila Kodagoda (petitioner, retired military officer) and A.W.J.C. de Silva RWP USP NDU PSC, Lieutenant General, Commander of the Sri Lanka Army, and others, addressed whether the Commander of the Army’s deduction of a portion of the petitioner’s pension, without notice or a formal inquiry, was arbitrary and ultra vires. It was held that the deduction and its procedural foundation required scrutiny, particularly regarding the absence of due process and proper inquiry as mandated by regulations. The court reaffirmed the principle that decisions affecting pensions must not be arbitrary and should follow stipulated legal procedures. The decision relied on relevant statutes, including the Army Act, applicable financial regulations, and precedent such as Premakumara v