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2024 Supreme(SRI)(CA) 451


IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter f an application for mandates in the nature of Writs of Certiorari, Mandamus and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
CA-WRT- 595-23 Mrs. Indumathi Paranamana
2nd Mile Post Ampara Road Siyabalanduwa Petitioner Vs.
1. Mrs. M.K. Harshani Sameera Director of Education Zonal Education Office Monaragala
2. Mr. H.M.P.K.Herath Deputy Director of Education (Control)
Zonal Education Office Monaragala Also Director of Education (Acting0 Siyabalanduwa Divisional Education Office Dombagahawela
3. Mr. A.H.R. Amaradasa Director of Education- Uva Province Uva Provincial Department of Education Weelagedara Road Badulla.
4. Mr. Gamini Mahindapala Josephus Secretary Uva Provincial Ministry of Education Welagedara Road Badulla
5. Mr. M.N. Ranasinghe Secretary Ministry of Education Isurupaya Battaramulla
6. Mr. K.D. Ranjith Asuka Secretary Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square Colombo 07.
7. Mr. Jeewantha Herath Secretary Uva Provincial Public Service Commission No. 14/4 Peelipothagama Road Badulla.
Respondents Before: N. Bandula Karunarathna, P/CA, J.
B. Sasi Mahendran, J.
Counsel: Sanjeewa Jayawardena, PC for the Petitioners P. Jayasuriya, SC for the State.
Argued On: 01.08.2024, 07.08.2024 and 12.09.2024 Judgment On: 12.11.2024

Advocates:
Sanjeewa Jayawardena, PC for the Petitioners P. Jayasuriya, SC for the State.

B. Sasi Mahendran, J.

The Petitioner instituted this action praying for the following reliefs in the petition dated 09.10.2023

a) Issue Notice hereof on the Respondents;

b) Issue a mandate in the nature of a Writ of Certiorari calling for and quashing the patently wrongful and impugned decision/ order made by the 3rd Respondent to assign the Petitioner to the Sivambalanduwa Divisional Education Office, as referred to in the impugned letter dated 27-03-2023, produced P-14, by which, the 1st Respondent was purportedly informed regarding the purported assignment of the Petitioner, without however, duly disclosing to the Petitioner, the principal substantive decision purportedly dated 18-03-2023;

c) Issue a mandate in the nature of a Writ of Certiorari quashing the letter dated 27-03- 2023, signed by the 1st Respondent, communicated the purported, undisclosed decision of the 3rd Respondent to wrongfully assigning the Petitioner to the Siyambalanduwa Divisional Education Office, the letter of communication is produced marked P-14;

d) Issue a mandate in the nature of a Writ of Certiorari calling for and quashing any adverse findings and/or observations in any investigation Report (if any) implicitly referred to in the Letter dated 27-03-2023 produced marked P-14;

e) Issue a mandate in the nature of a Writ of Mandamus directing the 1st to 5th and 7th Respondents and/or their servants and agents and/or their successors in office, to forthwith reinstate the Petitioner to the Siymabalanduwa National School, at which school the Petitioner was serving at, as the principal and to furthermore make and put in place all administrative and other measures in order to duly facilitate the Petitioner’s said reinstatement;

f) Issue a mandate in the nature of a Writ of Mandamus directing the 1st to 5th and 7th Respondents and/or any one or more of the Respondents and/or their servants, and agents to issue the Petitioner, the Report (if any) of the purported investigation bearing reference number No: 9/ආ /15/1/19;

g) Issue a mandate in the nature of a Writ of Mandamus, directing the 1st to 5th 7" Respondents and/or any one or more of the Respondents and/or heir servants and/or agents and/or their successors in office, subject to any term and conditions as to Your Lordship’s Court shall seems fit, to firstly restore the status quo ante and immediately transfer the Petitioner back to her post as the Principal of the Siyambalanduwa National School and to then, if required, to conduct a full and fair and fresh investigation, pertaining to the purported allegations set out in the letter dated 24-04-2023, produced marked P-30(b) strictly in terms of principles and procedures established by law, including providing the Petitioner a full, fair and adequate opportunity to be duly heard and to present material/evidence in its defence, as well as to appoint a new inquiring officer;

h) Issue a mandate in the nature of a Writ of Prohibition restraining the Ist to 4th and 7th Respondents and/or their servants and agents and/or their successors in office from conducting the investigation bearing reference No: 9/ආ /15/1/19;

i) Grant and issue a mandate in the nature of a Writ of Prohibition, restraining the 1st to 4th Respondent and their servants and agents and/or their successors in office, from harassing or harming or victimizing the Petitioner, in respect of any matter pertaining to, or arising from the subject matter of this application and due to the Petitioner, invoking the jurisdiction of Your Lordship’s Court in order to duly protect her rights and interests in law,

Interim Orders 

j) Issue an interim order calling for and staying and/or suspending the patently wrongful and impugned decision/ order made by the 3rd Respondent to assign the Petitioner to the Siyambalanduwa Divisional Education Office, as referred to in the impugned letter dated 27-03-2023, produced P-14, by which, the 1st Respondent was purportedly informed regarding the purported assignment of the Petit

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