Commander of the Air Force and Others vs. Bandara – sllr 2014 volume 1 page 218

In the case between Commander of the Air Force and Others (Party A) and Bandara (Party B), the court addressed the issue of whether the summary discharge of an Officer Cadet, following the completion of a detention sentence from a summary trial, was consistent with the provisions of the Air Force Act. It was held that such a discharge, imposed without trial by Court Martial as required under Sections 102(1) and 129, amounted to a second punishment for the same offense and was ultra vires. The principle reaffirmed is that no individual may be punished twice for the same misconduct, emphasizing the necessity of due process under specific statutory provisions. The reasoning drew upon the Air Force Act, relevant regulations, and case law, thereby underscoring the need for adherence to statutor