Samantha Kumara Madawanna Arachchi v. Urban Development Authority and Nihal Fernando – CA 12/2011-2011

In the case between Samantha Kumara Madawanna Arachchi (Petitioner) and the Urban Development Authority, with its Acting Director General (Respondents), the court addressed whether the appointment of a retired public officer as an inquiring officer for a preliminary disciplinary investigation contravened Section 13 — 1 of Chapter XLVIII of the Establishment Code, which the Petitioner contended required appointment of only a serving officer. The Petitioner sought a writ of certiorari to quash such appointment, alleging procedural improprieties, while the Respondents objected on grounds of delay and the pendency of ongoing disciplinary proceedings. The court determined that the application was premature as the disciplinary inquiry was still in progress and the substantive objections could be

REF: CA 12/2011-2011 Category: Tag:
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