Captain Palawa Gedara Kosala Pelawage vs Lt. General H.I.V.M. Liyanage et al. – CA WRT/0003/2019-2023

In the case between Captain Palawa Gedara Kosala Pelawage (Petitioner) and a series of military respondents, including the Army Selection Board No. 3 and Lt. General H.I.V.M. Liyanage (Defendants), the court addressed the legality of military board recommendations regarding the petitioner’s promotion and compulsory retirement. It was held that while withholding promotion was justified based on the petitioner’s unsatisfactory disciplinary record, the recommendation for compulsory retirement was ultra vires due to procedural irregularities and denial of a fair hearing. The principle reaffirmed is that disciplinary action beyond prior punishment, when imposed without due process, contravenes natural justice. Reliance was placed on administrative law principles around double jeopardy and the r