IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Orders in the nature of Writs of Mandamus and in the nature of Writs of Certiorari in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. I. B. A. R. M. Rathnayke, Ingurugamuwa, Wamane Gedara, Awulegama.

PETITIONER CA No. CA/Writ/0263/2019 v.

1. Hon. Justice N. Dissanayake, Chairman, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

2. Hon. Mr. A. Gnanathasan, PC, Member, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

3. Hon. G. P. Abeykeerthi Member, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

4. K. B. D. M. P. B. Dissanayake, Secretary, Administrative Appeals Tribunal, 35, Silva Lane, Dharmapala Place, Rajagiriya.

5. Dharmasena Dissanayake Chairman.

6. (Proof) Hussain Ismail Member.

7. (Ms) D. Shirantha Wijayathilaka Member.

8. (Dr) Prathap Ramanujam Member.

9. (Mrs) V. Jegarasasigam Member.

10. Santi Nihal Seneviratne Member.

11. S. Raugge Member.

12. D. L. Mendis Member.

13. Sarath Jayathilaka Member.

14. M. A. B. Daya Senarath Secretary

6^th – 14^th Respondents, all of the public Service Commission No. 177, Nawala Road, Narahenpita, Colombo 05.

RESPONDENTS BEFORE : M. Sampath K. B. Wijeratne J. &

Wickum A. Kaluarachchi J.

COUNSEL : Lakshan Dias for the Petitioner.

S.Wimalasena, DSG for 1^st – 6^th Respondents.

ARGUED ON : 20.02.2023 DECIDED ON : 12.05.2023 M. Sampath K. B. Wijeratne J.

Introduction The Petitioner commenced his career in the public service on 18^th July 1994 as a casual Prison Guard, [P 2.] and was subsequently appointed to the permanent carder. He served in Negombo, Pallansena, Kurunegala and Wariyapola prisons during his tenure. On the 9^th of June 2005, the Ministry of Justice and Judicial Reforms called for applications from internal and external candidates for the post of Community Corrections Officer, [P 7 & P 8.]. The Petitioner applied for the

post as an internal candidate and was called for an interview. The required qualifications for an internal candidate are as follows, [P 7 / R1.]

a) ten years experience as a supervisor in the community corrections project;

or b) five years experience as a supervisor in the community corrections project with a degree obtained from a recognized university; or c) five years experience as a prisons officer with a degree obtained from a recognized university;

and should have passed the required efficiency bars in the current position and should have a satisfactory service period of the preceding five years.

Satisfactory service is defined as obtaining all salary increments and not being subject to more severe disciplinary action than a warning within the preceding five years.

Consequently, the Petitioner was appointed to the post of Community Corrections Officer with effect from 1^st January 2007, [P 16.]. The Petitioner presented to the Court the certificate of service submitted to the Ministry of Justice by the Prison Department marked ‘P11’.

It was subsequently revealed that the Petitioner was a subject of a disciplinary reprimand on the 31^st August 2001, [P 20.]. Therefore, the Petitioner does not have a satisfactory service period of five years immediately preceding the five-year period from the date of the application of which all salary increments have been earned and devoid of any punishment more than a warning. According to the Respondents, the Petitioner’s appointment to the aforesaid post had been made due to an oversight.

The disciplinary action of reprimand (තරවටු කිරීම)6 is a minor penalty under Clause 24:2:1 of Chapter XLVIII of Volume II of the Establishment Code. The punishments are set out in Clause 24 and the minor punishments are set

6 Supra note 5.

out in Clause 24:2. According to Clause 24:2:1, reprimand (තරවටු කිරීම) is a minor punishment. It is also stated that a warning or even a severe warning is not a punishment. Hence, it is clear t