2023 Supreme(SRI)(SC) 20800
| S IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 126 read with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Dr. Galmangoda Guruge Chamal Sanjeewa No. 233, Matara Road, Tangalle, Sri Lanka C/FR Application No. 371/2022 Petitioner Vs. 1. Hon. Dr. Keheliya Rambukwella Hon. Minister of Health 2. Mr. S. Janaka Sri Chandraguptha Secretary to the Ministry of Health 3. Dr. Sunil De Alwis Additional Secretary Medical – Services, Ministry of Health 4. Dr. Asela Gunawardena Director General of Health Services, Ministry of Health 5. Dr. Lal Panapitiya Deputy Director General (Medical Services 1), Ministry of Health 6. Ms. D. L. U. Peiris Additional Secretary (Admin 1), Ministry of Health 1 |
| ( ( 7. Mr. Sudath Rathnaweera Senior Additional Secretary (Flying Squad), Ministry of Health 8. Mr. D. A. W. Kulathileka Preliminary Investigation Officer Flying Squad, Ministry of Health all of the above 1st to 8th Respondents are of; ‘Suwasiripaya’, No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.) 9. Mr. Janaka Sugathadasa Chairman 10. Mr. L. A. Kalukapuarachchi Secretary 11. Mrs. N. Godakanda Member 12. Mr. D. Swarnapala Member all of the above 9th to 12th Respondents are of; the Health Services Committee, Public Services Commission, No. 1200/9, Rajamalwatta Road, Battaramulla.) 13. Hon. Justice Jagath Balapatabendi The Chairman, Public Service Commission 14. Mrs. Indrani Sugathadasa Member, Public Service Commission 15. Dr. T. R. C. Ruberu Member, Public Service Commission 16. Mr. Ahamod Lebbe Mohamed Saleem Member, Public Service Commission 2 |
| B C ( 17. Mr. Leelasena Liyanagama Member, Public Service Commission 18. Mr. Dian Gomes Member, Public Service Commission 19. Mr. Dilith Jayaweera Member, Public Service Commission 20. Mr. W. H. Piyadasa Member, Public Service Commission 21. Mr. Suntharam Arumainayaham Member, Public Service Commission 22. Mr. M. A. B. Daya Senarath Secretary, Public Service Commission all of the above 13th to 22nd Respondents are of; the Public Service Commission, No. 1200/9, Rajamalwatta Road, Battaramulla.) 23. Hon. Attorney General Attorney General’s Department, Colombo 12. Respondents efore : Buwaneka Aluwihare, PC. J P. Padman Surasena, J K. Priyantha Fernando, J ounsel : Saliya Pieris, PC with Kaneel Maddumage instructed by Praveen Premathilake for the Petitioner. V. Sirivardena, PC, ASG with 3 |
| W D K 1 0 R. Goonerathne, SC for the 1st to 12th & 23rd Respondents. Argued on : 07.03.2023 ritten Submissions : 06.04.2023 on behalf of the 01st – Tendered on 12th and 23rd Respondents. 6.04.2023 on behalf of the Petitioner. ecided on : 26.05.2023 ************** . PRIYANTHA FERNANDO, J . The petitioner who is a Grade I medical officer in the medical officer’s service, complained of a violation of his fundamental rights guaranteed in terms of Articles 12(1), 14(1)(a) and 14(1)(g) of the Constitution due to the actions of the 1st to 22nd respondents, which led to his interdiction from services as a government medical officer. This court granted leave to proceed for the alleged violation of Articles 12(1) and 14(1)(g) of the Constitution. 2. The Facts According to the petitioner, he has been the president of the ‘Medical and Civil Rights Professional Association of Doctors’ (MCPA). The petitioner has visited Walsapugala, Koswagawa village in Suriyawewa situated in the district of Hambantota on 19.09.2022 to conduct a medical clinic for children in order to check their nutrition level, |
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