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

Mr. M. Abraham, 12/2, Vidhans Lane, Eachchamoddai, Jaffna.

Through Powers of Attorney Holder Mr. Nicholas Anton Raymond, 12/2, Vidhans Lane, Eachchamoddai, Jaffna.

PETITIONER C.A. Case No. WRT/0523/25 Vs.

1. Justice K.T. Chithrasiri, Chairman, Administrative Appeals Tribunal, 35, Silva Lane, Rajagiriya.

2. J.J. Rathnasiri, Member, Administrative Appeals Tribunal, 35, Silva Lane, Rajagiriya.

3. Mr. S. Nandasekaran, Member, Administrative Appeals Tribunal, 35, Silva Lane, Rajagiriya.

4. Mr. P. Waduge, Secretary, Administrative Appeals Tribunal, 35, Silva Lane, Rajagiriya.

5. The Chairman, National Police Commission, Block 09, BMICH premises, Bauddhaloka Mawatha, Colombo 07.

6. Mr. N.A. Weerasinghe, Secretary, National Police Commission, Block 09, BMICH premises, Bauddhaloka Mawatha, Colombo 07.

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

8. The Hon. Attorney General, Attorney General’s Department, Colombo 12.

9. Inspector General of Police, Sri Lanka Police Department, Police Headquarters, Colombo 02.

RESPONDENTS BEFORE : K.M.G.H. KULATUNGA, J COUNSEL : M.A.A.M. Beshad for the Petitioner instructed by Maneka Wickramanayake.

Rajin Gooneratne, SC for the Respondents.

SUPPORTED ON : 14.07.2025 DECIDED ON : 29.07.2025

ORDER

K.M.G.H. KULATUNGA, J.

1. This application was supported on 14.07.2025 for notice and this Order is thus made. The petitioner by this application is seeking inter alia a writ of certiorari, “to quash the decision contained in A7 dated 12.11.2024” by prayer (c); a writ of mandamus “directing the Administrative Appeals Tribunal to consider the appeal bearing No. 10.12.2019 of the petitioner in merit” by prayer (d); and a writ of mandamus, “directing 1st, 2nd and 4th of the Administrative Appeals Tribunal to consider the appeal bearing No. 10.12.2019 of the petitioner in merit” by prayer e). (The prayers reproduced verbatim as they appear in the petition).

2. The petitioner in effect is seeking a certiorari to quash a decision made to reject the appeal by the Administrative Appeals Tribunal on 12.11.2024 and a mandamus directing the members of the Administrative Appeals Tribunal to consider his appeal preferred on

10.12.2019 on its merits.

Facts

3. The petitioner was attached to the Police Department as a Police Constable and then as a Sub-Inspector. Somewhere around October 1981, he has been transferred to the Mount Lavinia Police Station, where he claims to have served as the Officer-in-Charge of Vice (Vice OIC) and also subsequently appointed as OIC Admin. Then, on 01.08.1985, he had been transferred to the Gampaha Police Station. However the petitioner has not reported to the Gampaha Police Station as transferred. Instead, he claims to have travelled to Jaffna to his home, ostensibly due to some health reason. As submitted by his Counsel, he claims that when he was in Jaffna with his family, he was threatened by the militants that he should not work for the Sri Lanka Police Force, and if so, dire consequences would befall his family.

4. It is also the position of the petitioner that in view of these and other circumstances which he narrates in his petition, he did not report to duty and subsequently made applications for no-pay leave on three occasions in 1985, but the said applications were rejected. He reiterates and emphasizes that he was not able to report to Gampaha and accept the transfer due to significant emotional distress and physical strain, as he was ill approximately for two weeks. As the petitioner failed to report to the Gampaha Police, he had been served with a letter of Vacation of Post (‘VOP’) dated 01.08.1985. The learned Counsel for the petitioner in support of this application submitted an