Dissanayake vs Samurdhi Authority of Sri Lanka and Another – sllr 2005 volume 2 page 388

The case between Dissanayake (Petitioner) and the Samurdhi Authority of Sri Lanka and Another (Respondents) addressed the issue of whether the filing of a “B” report under Section 116(1) of the Criminal Procedure Code constitutes the institution of criminal proceedings in the Magistrate’s Court, and if a State officer may be interdicted under Section 27 — 10 of the Establishment Code without such proceedings. It was held that the mere filing of a “B” report does not amount to the institution of criminal proceedings, rendering the interdiction of the petitioner arbitrary and unlawful. The decision reaffirmed the principle that formal criminal proceedings must be instituted before interdiction may lawfully occur. Reliance was placed on relevant statutory provisions and precedents, emphasizin