T/Captain Borala Liyanage Tharindu Gayan vs Lieutenant General Vikum Liyanage – CA WRIT 108/2023-2024

Brief
In the case between T/ Captain Borala Liyanage Tharindu Gayan (Petitioner) and military officers including Lieutenant General Vikum Liyanage and others (Respondents), the court examined the legality of the decision to deny the petitioner’s promotion based on allegations of moral turpitude and the retrospective application of Army regulation AO/11/2019. The central issues addressed were whether the regulation could be applied retroactively in circumstances where the relevant offence was not specified in the original charge sheet and whether the petitioner’s legitimate expectation to promotion had been violated. It was held that the respondents’ actions were ultra vires and irrational, as retrospective regulations lacked legal authority absent explicit statutory provision, and fair adm