M. A. N. Wajiraweera v. Commander of the Army et al. – CA WRIT NO. 623/2010-2011

In the case between M. A. N. Wajiraweera (Petitioner) and the Commander of the Army, Sri Lanka Army Headquarters and others (Respondents), the court addressed whether disciplinary proceedings and punishments imposed on the petitioner, who was repeatedly absent without leave, were ultra vires the Army Act. It was held that the disciplinary actions by the commanding officer were within the statutory discretion conferred by Sections 40 and 42 of the Army Act and did not contravene Section 106(a), reaffirming the principle that a commanding officer may elect either summary trial or court-martial for such offences. This determination relied on interpretation of the Army Act, emphasizing that summary trials with appropriate punishments do not preclude lawful exercise of authority or require auto