Gnendra Shani Abeysekara vs Hon. Upaly Abeyrathne, Chairman – CA WRIT 26/2022-2024

In the case between Mr. Gnendra Shani Abeysekara (Plaintiff) and members of the Commission of Inquiry, the Attorney General’s Department, among others (Defendants), the court addressed whether the decisions, findings, and recommendations made by the Commission of Inquiry were ultra vires and violated principles of natural justice, including breach of an undertaking regarding non-summoning of the petitioner. It was held that the actions of the Commission—specifically, the lack of proper notice, denial of a fair hearing, and overreach of statutory authority—were unlawful, leading to the issuance of a writ of certiorari to quash the impugned decisions and recommendations. The principle reaffirmed was that administrative and quasi-judicial bodies must strictly adhere to statutory mandates and

REF: CA WRIT 26/2022-2024 Category: Tag:
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