Gunasekera vs. Chief Secretary, Provincial Council of the Western Province and Others – sllr 2021 volume 2 page 099

In the case between Gunasekera (Plaintiff) and the Chief Secretary, Provincial Council of the Western Province, and others (Defendants), the court addressed whether the petitioner’s transfer from the Provincial Public Service to the Ministry of Public Administration and Management infringed fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution. It was held that no infringement occurred, as the transfer was conducted following proper procedure. The findings established that despite allegations of procedural unfairness in the inquiry and lack of lawful representation, the petitioner had notice and opportunity to participate. The statutory authority for the transfer under Section 32 of the Provincial Councils Act and the Public Service Commission’s Procedural Rules was vali