Captain M.B.A. Dissanayake vs General Jagath Jayasooriya et al. – SC APPEAL 15/2021-2023

In Captain M.B.A. Dissanayake v. General Jagath Jayasooriya and others, the Supreme Court addressed the legality of the Commander of the Army’s decision to withdraw an officer’s commission based solely on the findings of a Court of Inquiry. It was determined that the decision was ultra vires, as it rested solely on a fact-finding investigation without adherence to required legal processes for disciplinary action. The holding reaffirmed that administrative discretion—especially in matters significantly affecting individual rights—remains subject to judicial review to prevent arbitrary exercise of authority. Reference was made to the relevant provisions of the Army Act and principles of administrative law, underscoring that the withdrawal of a commission cannot be effected without compliance