Waruna Russel Subasinghe v. Lt. Gen. Jagath Jayasooriya et al. – CA WRIT CASE NO. 728/2010-2017

In the case between Waruna Russel Subasinghe (Petitioner) and Lt. Gen. Jagath Jayasooriya, Maj. Gen. D.R.A.B. Jayathilake, and Lt. Col. S.R.M.B. Weerakoon (Respondents), the court addressed the lawfulness of the petitioner’s premature retirement and the withdrawal of his commission from the Sri Lanka Army, following his surrender during a general amnesty after being absent without leave. The court held that these decisions were administrative in nature and fell within the broad discretionary authority of the President under the Army Act, particularly Section 10, as appointing authority. Emphasis was placed on the limits of writ jurisdiction regarding administrative, not judicial, decisions, reaffirmed through relevant statutory interpretation and precedent. The decision underscores that su