JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioner by this application is challenging the validity of a recommendation made by a Commission of Inquiry appointed under the Commissions of Inquiry Act, No. 17 of 1948, as amended. The said Commission of Inquiry was appointed to probe into fraud and corruption that occurred at State institutions from 15.01.2015 to 31.12.2018. According to the proclamation published in the Gazette Extraordinary No. 2106/11, dated 16.01.2019, said Commission of Inquiry was appointed by warrant dated 03.03.2015, in terms of the [Presidential] Commissions of Inquiry Act (Chapter 393). A document alleged to be a copy of the Report is tendered marked P-7 along with the petition. However, this Report is not a copy issued officially by any authority, nor is it certified to be so. Further, the petitioners also concede that this is an unofficial copy, which was on social media. Be that as it may, the petitioner is challenging a portion of this Report P-7 wherein a finding and recommendation has been made against the petitioner, along with several others, as follows:

a) To prosecute all the Respondents including the Petitioner for recruiting employees outside the approved cadre of the Road Development Authority and in Violation of circulars issued by the Department of Management Services by misappropriating a sum of Rs 62,707,666.59 and thereby committing the offence of criminal breach of trust, punishable under and in terms of Section 5 (1) of Act No. 12 of 1982 (Offences Against the Public Property Act) read with section 389 of the Penal Code and Section 70 of the Bribery Act;

b) For the purpose of initiating criminal proceedings against the said Respondents, including the Petitioner, the relevant documents and material will be forwarded to the Attorney General and/or to the Commission to Investigate Bribery and Corruption.

Facts.

2. The petitioner is an Attorney-at-Law and served as the Private Secretary to her father, Mr. Lakshman Bandara Kiriella, who held the portfolio of Minister of Higher Education and Highways from 14.10.2015 to 25.02.2018. A Commission of Inquiry (COI) was appointed by order published in the Gazette Extraordinary on 16.01.2019 to investigate serious allegations of corruption, fraud, criminal breach of trust, and other misconduct against persons who held or continue to hold political office, covering the period between 15.01.2015 and 31.12.2018. The petitioner submits that she functioned as the Private Secretary to the Minister of Higher Education and Highways and merely communicated the Minister’s decisions and had no power or authority to make decisions of her own accord.

3. While serving as Minister, the petitioner’s father had become aware that Land Officers at the Road Development Authority (RDA), who had been recruited on a contract basis, had their services terminated on January 12, 2015. To resolve obstacles faced in road development projects, the Director Legal of the RDA recommended the recruitment of suitable persons to coordinate/liaise with landowners and resolve grievances. Following an interview process, eligible applicants were appointed as Public Liaison Officers (PLOs). The Committee on Public Enterprises (COPE) inquired into the appointment of 54 Consultants and 94 Public Liaison Officers by the RDA, expressing concern that the appointments had not been subjected to Board approval. The RDA Chairman subsequently presented a Board Paper on 25.06.2016, seeking, and receiving, Board approval for the recruitment of the PLOs and Consultants. The appointments were regularised following the recommendations of COPE, but the services of the PLOs and Consultants were ultimately terminated.

4. The Commission received a complaint, bearing No. 35-437/2019, from one I. K. Abeyratne Bandara, alleging that the employment of 94 PLOs and 56 Consultants by the RDA resulted in a loss to the State, implicating the Minister in charge of Highways at the time. During the inquiry conducted on Ju