Abedeera Parabendige Ruwan Pushpa Kumara Thala Bogahawatta vs. Air Marshal Harsha Abewickrama and others – CA WRIT/169/2015-2022

In the case between Abedeera Parabendige Ruwan Pushpa Kumara Thala Bogahawatta (petitioner) and officers of the Sri Lanka Air Force, including Air Marshals and other military officers alongside the Attorney General, the court addressed whether the petitioner’s discharge from the Sri Lanka Air Force was lawful. The court held that the petitioner’s discharge pursuant to an administrative decision, following a summary trial and reprimand for misconduct, was proper and did not constitute double jeopardy or require a court-martial conviction. It was affirmed that the Air Force Commander’s statutory discretionary power to discharge was exercised to maintain discipline rather than to impose punishment, relying on sections 40, 42, 129, and 133 of the Air Force Act and established judicial preceden