Neidra Fernando v. Ceylon Tourist Board and Others – sllr 2002 volume 2 page 169

In the case between Neidra Fernando and the Ceylon Tourist Board, the court addressed whether a disciplinary inquiry and recommendation for dismissal, conducted under statutory provisions rather than a contractual relationship, were amenable to judicial review. It was held that the inquiry was governed by rules under the Ceylon Tourist Board Act, constituting a matter of public law subject to judicial review. The findings established that the disciplinary process demonstrated apparent bias due to the inquiring officer’s appointment by the Chairman, who had a personal interest in the proceedings. The principle that justice must not only be done but also be seen to be done was reaffirmed, with reference to case law on natural justice and the rule against bias. The court further reasoned that