Priyankara Kamalanath Kodithuwakku vs. B.V. Wijeratne, Assistant Superintendent of Police (Retired) et al. – SC FR APPLICATION NO: 457/2011-2024

The case between Priyankara Kamalanath Kodithuwakku and a group of senior police officials and public officers addressed the issue of whether the criteria for promotion were correctly applied and whether a period of interdiction should be considered as blemishing an unblemished service record. It was determined that the period of interdiction, which included non-payment of wages and later removal of adverse records, did not justify the denial of promotion. The decision established that the explanation provided for rejecting the promotion criteria was arbitrary and violated the provisions of Article 12(1), thereby necessitating that the promotion be backdated with appropriate entitlements.

Arjuna Obeyesekere, J — It was determined that the challenge to the decision denying promotion was