Abeywickrema v. Pathirana – sllr 1984 volume 1 page 215

In the case between Abeywickrema (petitioner) and Pathirana (respondent), the Supreme Court addressed whether the Regional Director of Education, Galle, held lawful authority to accept the resignation of a public officer (the 1st respondent) under Article 55(5) of the Constitution, specifically examining the requirements for delegation of such power under Article 58(1). The court determined that jurisdiction to accept the resignation is only properly exercised where an express or constitutionally sufficient implied delegation from the Public Service Commission (or its designated Committee) exists. The process required the Election Judge to make preliminary factual findings regarding the existence of any such delegation — if an express delegation is established, the petition would end; if