COURT OF APPEAL
Sobhitha Rajakaruna J
Capt. M. D. Perera vs. Gen. L. H. S. C. Silva Army Commander and others
Sobhitha Rajakaruna J.
The instant application was taken up for support along with the Applications bearing Nos. CA/Writ/117/2022 and CA/Writ/118/2022 filed by the same Petitioner in this Court against the above named Respondents.
The Petitioner was serving in the 1st Regiment of the Sri Lanka Army Medical Corps as a Medical Officer when he was served with three different charge sheets and such charge sheets have been annexed separately, marked as ‘P2’, in all three applications.
The instant application concerns the Petitioner’s charge under Section 129(1) of the Army Act No.17 of 1949 (‘the Act’) for conducting himself in a manner prejudicial to military discipline. The charge relates to the Petitioner, while serving in South Sudan, allegedly giving instructions to another officer with regard to arranging a vehicle on hiring basis for collateral purposes.
CA/Writ/117/2022 The Application CA/Writ/117/2022 concerns the Petitioner’s charge under Section 107 of the Act for behaving in a scandalous manner, unbecoming the character of an officer and a gentleman. The charge relates to the Petitioner’s alleged misbehavior on or about 11.07.2017 whilst being a legally married officer serving a

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