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2023 Supreme(SRI)(SC) 20844

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application in terms of Article 105(3) of the Constitution of the Democratic Socialist Republic of Sri Lanka for punishment for Contempt of Court.

SC Case No. SC Appeal 29/2022 A. P. Dilrukshi Dias Wickramasinghe, with No. 377/2, Thalawathugoda Road, SC Case No. SC Appeal 29A/2022 Hokandara South.

CA Case No. COC 08/2021 PETITIONER Vs.

1. Jagath Balapatabendi, Chairman - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla.

2. Indrani Sugathadasa, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

3.V. Sivagnanasothi, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

4. C.R.C. Ruberu, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

5. A.L.M. Saleem, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

6. Leelasena Liyanagama, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

7. Dian Gomes, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

8. Dilith Jayaweera, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

9 W.H. Piyadasa, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

10. M.A.B. Daya Senarath, Secretary - Public Service Commission, No.177, Nawala Road, Narahenpita, Colombo 05.

11. Secretary to the Ministry of Justice, Ministry of Justice, Colombo 12.

12. Sanjaya Rajaratnam Esq., Hon. Attorney General, No.14/11, Auburn Side, Dehiwala.

RESPONDENTS AND NOW BETWEEN

1. Jagath Balapatabendi, Chairman - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla.

8. Dilith Jayaweera Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

1ST & 8TH RESPONDENT-APPELLANTS

11. Secretary to the Ministry of Justice, Ministry of Justice, Colombo 12.

12. Sanjaya Rajaratnam Esqr, Hon. Attorney General, No.14/11, Auburn Side, Dehiwala.

11TH & 12TH RESPONDENT-APPELLANTS Vs A. P. Dilrukshi Dias Wickramasinghe No.377/2, Thalawathugoda Road, Hokandara South PETITIONER-RESPONDENT

1. Indrani Sugathadasa, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

2. V. Sivagnanasothi, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

3. C.R.C. Ruberu, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

4. A.L.M. Saleem, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

5. Leelasena Liyanagama, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

6. Dian Gomes, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

7. W.H. Piyadasa, Member - Public Service Commission, No.1200/9, Rajamalwatta Road, Battaramulla

8. M.A.. Daya Senarath, Secretary - Public Service Commission, No.177, Nawala Road, Narahenpita, Colombo 05 RESPONDENT- RESPONDENTS Before: VIJITH K. MALALGODA PC J P. PADMAN SURASENA J ACHALA WENGAPPULI J Counsel: Faiszer Musthapha PC with Siara Amarasiri for the 1st & 8th Respondent-Appellants in SC Appeal No. 29A/22.

Nerin Pulle PC. ASG with Medhaka Fernando, SC for the 11th &

12th Respondent-Appellants in SC Appeal No. 29/22.

M.A. Sumanthiran PC with Divya Mascrange for the Petitioner-

Respondent.

Uditha Egalahewa PC with N.K. Ashokbharan instructed by Mr. Chandrakumar de Silva for the 1st 3rd-8th Respondent-

Respondents in both cases.

Argued on: 17.10.2022 Decided on: 23.02.2023 P Padman Surasena J The instant matter was instituted before the Court of Appeal by the Petitioner- Respondent by petition dated 5th November 2021. That is a matter filed under Article 105(3) of the Constitution against persons named as Respondents in the Court of Appeal (they will be hereinafter referred to as the Respondents in the Court of Appeal) claiming that the Respondents in the Court of Appeal have defied and blatantly flouted an order of the Administrative Appeal’s Tri

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