Colonel K.N. Perera vs Lt. Gen. Chrishanthe De. Silva et al. – CA WRIT/381/2015-2015

In the case between Colonel K.N. Perera (Kasadorulage Nihal Perera) and Lt. Gen. Chrishanthe De. Silva (Commander of the Sri Lanka Army) along with other senior officers, the court addressed the lawfulness of disciplinary proceedings that led to the Petitioner’s compulsory retirement from the Sri Lanka Army Volunteer Force. It was held that decisions against the Petitioner, based solely on the findings of a Court of Inquiry without formal charges or legally constituted summary trial or court martial as required by the Army Act, were ultra vires and procedurally flawed. The court reaffirmed the principle that a Court of Inquiry functions only as a fact-finding body and cannot impose punitive sanctions without adherence to due process prescribed by statute, referencing established case law s