Lieutenant (QM) R.M. Koralagamage Vs. Lt. General Sarath Fonseka – CA WRIT 61/2009-2012

In the case between Lieutenant (QM) R.M. Koralagamage and Lt. General Sarath Fonseka (Army Commander), the court addressed whether the Court of inquiry violated the rules of natural justice by allegedly denying the petitioner adequate opportunity to cross examine witnesses and present evidence, and whether the petitioner, having been found guilty of selling empty army cartridges, could compel the release of his pension through a writ of mandamus. It was held that there was substantial compliance with the Court of inquiry regulations, as the petitioner was present throughout and had the opportunity to participate but did not utilize it. Additionally, the Army Pensions & Gratuities Code precluded pension entitlement for misconduct of the nature found. The decision reaffirmed that procedural

REF: CA WRIT 61/2009-2012 Category: Tag:
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