Arambewelage Don Thilak v. Lt. General Sarath Fonseka and Others – CA /WRIT/APP/NO.566/2008-2011

In Arambewelage Don Thilak v. Lt. General Sarath Fonseka and others, the court addressed the issue of whether the Petitioner was denied natural justice in the proceedings before a military Court of Inquiry, which ultimately led to an order for salary deductions to recover alleged misappropriated regimental funds. It was held that the deduction was not punitive but constituted a lawful recovery action following due process, and the writ of certiorari could not be granted to quash the Commander’s decision. The decision reaffirmed that judicial review is limited to assessing the legality, rather than the merits, of administrative decisions, particularly when statutory regulations and due process have been followed. Reliance was placed on the Army Act, relevant Financial Regulations, and estab