Thalaththani Ralalage Maduranga Rathnasiri vs. Mr. Nishantha Ulugetenne, Commander of the Navy – CA WRIT 0033/21-2024

In the case between Thalaththani Ralalage Maduranga Rathnasiri (Petitioner) and the senior officers of the Sri Lanka Navy including the Commanders of the Navy and other naval officials (Respondents), the court addressed whether the refusal to permit the Petitioner’s return to active service and the denial of salary and benefits were ultra vires, arbitrary, and in breach of natural justice and legitimate expectation. The holding established that the decisions of the Respondents were made without giving reasons and violated core principles of natural justice. It was determined that the alternative remedy under the Navy Act did not preclude writ jurisdiction due to the discretionary nature of the statutory process. The court quashed the impugned decisions and issued writs compelling the Respo

REF: CA WRIT 0033/21-2024 Category: Tag:
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