Jennet Swarnakanthi Abeysighe Jayawardhana vs. Kurunegala Co-operative Hospital Society Limited – CA PHC 221/19-2024

In the case between Jennet Swarnakanthi Abeysinghe Jayawardhana (Plaintiff/Appellant) and Kurunegala Co-operative Hospital Society Limited and others (Respondents), the court addressed the issue of procedural fairness in disciplinary and appeal inquiries, specifically focusing on the involvement of a commission member (Attorney-at-Law Peshala Sarangi) who was implicated in the amended charge sheet and later participated in the inquiry process. The court held that the inquiries and subsequent decisions confirming the appellant’s permanent retirement were unsustainable due to concerns of bias, reaffirming the principle that decision-makers must be free from potential conflicts of interest to ensure fairness. Reliance was placed on the Gazette Notification and Co-operative Employee Commission