2nd Lt. Mrs. K.H. Gunatilleke vs Commander of the Army – CA WRIT NO. 642/2010-2010

In the case between 2nd Lt. Mrs. K.H. Gunatilleke (also known as 2nd Lt. Mrs. K.H. Hewage) and the Commander of the Army and others, the court addressed whether absence without leave (AWOL) by an officer in the Sri Lanka Army Volunteers could be adjudicated by summary trial or only by court martial under the Army Act, and whether the subsequent discharge of the petitioner constituted double jeopardy or amounted to an illegal, ultra vires, or arbitrary exercise of powers. It was determined that summary trial of AWOL under Section 40(1)(b) of the Army Act was lawful and within the discretion of a commanding officer, and that Army policy decisions to discharge officers considering broader service records and policy guidelines were valid administrative actions. The holding reaffirmed that the