Basnayake Mudiyanselage Kithsirimal Thilaka vs Director General of Health Services – CA WRIT 46/2013-2013

The case between Basnayake Mudiyanselage Kithsirimal Thilaka (Petitioner) and the Director General of Health Services, Ministry of Health, and others (Respondents) addressed the issue of whether a writ of certiorari could be granted to quash a charge sheet issued under the Establishment Code dated 31.07.2012 without first exhausting statutory administrative remedies. It was determined that the petitioner was required to challenge the charge sheet before the inquiring officer and, if necessary, appeal to the Public Service Commission, as provided by law. The principle reaffirmed was that judicial relief will not be granted where an adequate alternative statutory remedy exists, except in exceptional circumstances. Reliance was placed on the procedural requirements under service law and admin