IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application made in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka Keliduwa Madduama Liyanage Janaka Priya, “Shanthi”, Galagama North, Nakulugamuwa, Beliaththa.

Petitioner SC FR 298/2021 Vs, 1. Mr. C.D. Wickramaratne, Inspector General of Police, Police Headquarters, Colombo 01.

2. Hon Mohan Priyadarshana De Silva, Member of Parliament, Near the Railway Station Dodanduwa (80250). 3. Hon. Rear Admiral Dr. Sarath Weerasekara, Minister of Public Security, 4^th Floor, “Suhurupaya”, Battaramulla.

3A. Hon. Tiran Alles, Minister of Public Security, 4^th Floor, “Suhurupaya”, Battaramulla.

4. Major General (Retired) Jagath Alwis, Secretary to the Ministry of Public Secretary, 14^th Floor, “Suhurupaya”, Battaramulla.

4A. Mr. S. Hettiarachchi, Secretary to the Ministry of Public Security, 14^th Floor, “Suhurupaya”, Battaramulla.

5. Hon. Justice Jagath Balapatabendi, Chairman, Public Service Commission.

6. Mrs. Indrani Sugathadasa, Member, Public Service Commission.

7. Mr. Sundaram Arumainayagam, Member, Public Service Commission.

8. Dr. T.R.C. Ruberu, Member, Public Service Commission.

9. Mr. Ahamod Lebbe Mohomed Saleem, Member, Public Service Commission.

10. Mr. Leedasena Liyanagama, Member, Public Service Commission.

11. Mr. Dian Gomes, Member, Public Service Commission.

12. Mr. Dilith Jayaweera, Member, Public Service Commission.

13. Mr. W.H. Piyadasa, Member, Public Service Commission.

14. Mr. M.A.B. Daya Senarath, Member, Public Service Commission. The 05^th to 14^th Respondents are at;

Public Service Commission, No. 1200/9, Rajamalwatta Road, Battaramulla.

15. Hon. Attorney General, Attorney General’s Department, Colombo 12.

Respondents Before: Justice Vijith K. Malalgoda PC Justice Mahinda Samayawardhena Justice Arjuna Obeyesekere Counsel: Darshana Kuruppu with Buddhika Thilakarathna, Sudarsha de Silva, and Sahan Weerasinghe for the Petitioner, Ms. Ganga Wakishta Arachchi, DSG, for the 1^st,3^rd 4A, 5^th, to 14^th and 15^th , Respondents Argued on: 16. 06.2023 Decided on: 14.12.2023 Vijith K. Malalgoda PC J Petitioner to the instant application Chief Inspector of Police Keliduwa Madduma Liyanage Janaka Priya who was the Officer-in-Charge of Police Station Thelikada in Elpitiya Police Division had come before this Court alleging the violation of his fundamental right guaranteed under Article 12 (1) of the Constitution by transferring him with immediate effect from Thelikada Police Station to Tangalle Police Division for normal duties on the ground of exigencies of service, without following the proper procedure in transferring an Officer-in-Charge of a Police Station.

This Court on 25.07.2022 granted leave to proceed for the alleged violation of Article 12 (1) of the Constitution and at the time the matter was supported before this Court, the learned DSG who represented the Respondents informed the Court that the Respondents will be raising a preliminary objection for the maintainability of the application since the application had been filed out of time.

As revealed before us the Petitioner who joined the Sri Lanka Police Department on 09.03.1993 as a Reserve Sub Inspector was absorbed into the Police Regular Service as a Sub Inspector of Police with effect from 24.02.2006 and was promoted to the rank of Inspector of Police with effect from 25.09.2007. He was subsequently promoted to the rank of Chief Inspector of Police with effect from 01.01.2020. When the Petitioner was holding the rank of the Inspector of Police, on 03.06.2015 he was appointed as the Officer in Charge of the Police Station Uva Paranagama in the Bandarawela Police Division and was transferred to Thelikada Police Station in the Elpitiya Police Division on

15.03.2019.

Objection of Time Bar The instant application was filed at the registry on the 30^th September 2021 alleging that the Petitioner was subject to discriminatory and/or unreasonable and/or arbit