L. t. Col. Y. P. P. Kumara vs Lt. Gen. H. L. V. M. Liyanage et al. – CA WRIT APP. NO. 381/2022-2023

In the case between Lieutenant Colonel Y. P. P. Kumara (Petitioner) and the Commander of the Sri Lanka Army along with various Army Promotion and Advisory Boards (Respondents), the court addressed the legality of decisions denying the petitioner’s promotion to the rank of Temporary Colonel/Colonel. The central issue examined was whether the denial of promotion was based on fair procedures and lawful application of disciplinary actions, in line with the principles of natural justice and relevant Army regulations. It was held that the use of disciplinary findings derived from Courts of Inquiry, without appropriate procedural safeguards and evidentiary standards, could not lawfully justify withholding promotion. The court quashed the impugned decisions (documents P30, P39, and P41) affecting