Brigadier W.M.R.B. Walisundara v. Lt. Gen. A.W.J.C. De Silva et al. – CA WRIT APP. NO. 142/2016-2016

The case between Brigadier W.M.R.B. Walisundara (petitioner) and Lt. Gen. A.W.J.C. De Silva (Commander of the Sri Lanka Army) along with senior Army officers and Ministry of Defence officials (respondents) concerned the legality of the Army Commander’s recommendation to retire and promote the petitioner. The primary issue addressed was whether the recommendation to His Excellency the President to retire and promote the petitioner contravened relevant service provisions, and whether the Court of Appeal should intervene in the resulting Presidential decision. The holding established that due to the absence of the original recommendation before the Court, it could not be determined if any procedural violation occurred. Consequently, the application was dismissed. The decision reaffirmed the p