Bandaranayake v. Judicial Service Commission – sllr 2003 volume 3 page 101

The case between Bandaranayake (petitioner) and the Judicial Service Commission (JSC) addressed the entitlement of a dismissed judicial officer to receive reasons for dismissal, the legal consequences of delay in seeking judicial review, and the sufficiency of pleading mala fides against a constitutional body. It was determined that the absence of a timely application—explained only by delays in related Human Rights Commission proceedings—did not excuse the petitioner’s substantial delay, and the court held that reasons for dismissal need not be served under Rule 18. Furthermore, it was established that allegations of mala fides must be expressly pleaded and substantiated by specific evidence. Immunity for JSC members, under the Constitution and the 17th Amendment, was reaffirmed, and the