IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Mandates in the nature of writs of Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. M.A.D.A.K. Mallikarachchi No.25, Senanayake Mawatha, CA/WRIT/474/2021 Rambukkana.

PETITIONER Vs.

1. Dr.P.V.N.P. Amarasinghe Director, Medical Research Institute, Baseline Road, Colombo 08.

1(a).Dr.V.R.Gunasekara Director, Medical Research Institute, Baseline Road, Colombo 08.

1(b).Dr.W.D.C.U. Dias Director, Medical Research Institute, Baseline Road, Colombo 08.

2. S.H.Munasinghe Secretary – Ministry of Health, Nutrition and Indigenous Medicine, No 385, Rev.Baddegama Wimalawansa Thero Mawatha, Colombo 10.

2(a).S.J.S.Chandragupta Secretary – Ministry of Health, No 385, Rev.Baddegama Wimalawansa Thero Mawatha, Colombo 10.

3. Induka Mudumali Director – Establishment &

Administration, Ministry of Health, Nutrition and Indigenous Medicine, No 385, Rev.Baddegama Wimalawansa Thero Mawatha, Colombo 10.

3(a).Dr. Ishani Kollure Director – Establishment &

Administration, Ministry of Health, Nutrition and Indigenous Medicine, No 385, Rev.Baddegama Wimalawansa Thero Mawatha, Colombo 10.

RESPONDENTS Before :Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel :Chrishmal Warnasuriya with Wardani Karunaratne for the Petitioner Manohara Jayasinghe DSG and Avanti Weerakoon SC for the Respondents Argued on :13.03.2023 and 17.03.2023 Written Submissions: Petitioner - 06.11.2023 Respondents - -

Decided on :14.11.2023 Sobhitha Rajakaruna J.

The Petitioner joined the Provincial Health Services (Sabaragamuwa) as a Public Health Inspector Grade II in the year 1999. While serving as a public officer, the Petitioner has applied on his own accord to a position at Sri Lanka Ports Authority (‘SLPA’). After a competitive interview process, he was selected for the appointment to the position of Superintendent of Works (Public Health Inspector) at SLPA. Thereafter, he has been requested by SLPA to be present at the Human Resources Division of the SLPA as per ‘P12’ to carry out the preliminary affairs relating to the said appointment. As a result, the Petitioner made a request to the head of the Department of Nutrition of the Medical Research Institute (‘MRI’) to get him released from his services enabling him to accept duties at the SLPA.

In the meantime, by way of a letter dated 30.04.2021 marked ‘P17’, the Petitioner has informed MRI that he would assume duties at SLPA with effect from 03.05.2021 subject to the approval of his above request for release. It appears, as per the letter dated 28.04.2021 (’P16(b)’) addressed to MRI by the Ministry of Health, the said Ministry had not decided even as of that date to release the Petitioner from public service for him to accept duties of any post at SLPA. However, it is apparent that the Petitioner discontinuing the public service has reported to work at SLPA as reflected in the said letter ‘P17’ written by the Petitioner himself. Consequently, the Petitioner has been served with a letter of vacation of post (dated 23.06.2021 marked ‘P18’) with effect from 03.05.2021 due to not reporting to work at MRI without proper approval. In addition to the said letter of vacation of post, the Ministry of Health by a letter dated 25.06.2021 (‘P19’) has communicated to MRI that the Petitioner cannot be released from his services due to alleged disciplinary grounds.

The Petitioner has disclosed in his Petition that he had been served with a charge sheet on an allegation of committing an offense described in item 10 of the 1^st schedule to chapter XLVIII of the Establishments Code (E-Code). Such charge sheet and the amended charge sheet are marked as ‘P6(a)’ and ‘P6(b)’ respectively. Further, as a consequence of the above vacation of the post, the Petitioner has been requested by a letter dated 15.08.2021 (‘P25’) to settle the festival advance and the distress loan