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

CA-WRIT 368-23 H.G.R. Hewasinghe

412/4/A, Samagi Mawatha Panagoda, Homagama Petitioner V.

1. National institute of language Education and Training No. 321/1 High Level Road Makumbura Pannipitiya

2. Prasath R. Herath Director General

3. Jayampathi Bandara Heenkenda Chairman

4. P.K. Vithanage Member of Board of Management

5. K.D.I.S.K. Siriwardhane Member of Board of Management

6. Dinuk Hettiarachchi Member of Board of Management

7. W.K. Kolabage Member of Board of Management

8. N.G.S.H.M.Naushad Member of Board of Management

9. Vidursan Vinsendrarajan Member of Board of Management

10. Anuradha Vijekoon Member of Board of Management All of Nationa; Institute of language Educational and Training No. 321/1, High Level road Makumbura, Pannipitiya.

11. Attorney General Attorney General’s Department Colombo 12. Respondents Before : N. Bandula Karunarathna P/CA, J.

B. Sasi Mahendran, J.

Counsel: Nuwan Bopage with Dinusha Thiranagama for the Petitioner N. Kahawita, SSC For the Respondents Supported On: 16.05.2024 Written 14.06.2024 (by the Petitioner)

Submissions: 14.07.2024 (by the Respondents)

On Order On: 17.07.2024 B. Sasi Mahendran, J This order pertaining whether the notice and interim order are to be issued to the Respondents.

The Petitioner instituted this action praying for the reliefs as prayed in the petition dated

07.07.2023.

I. Issue notice of this application on the Respondents.

II. Grant a mandate of Writ of Certiorari quashing the decisions contained in the document marked as ‘X21’ and X22’

III. Grant a mandate of writ of mandamus directing the Respondents to reinstate the Petitioner in the post of Assistant Director per the settlement dated 26.11.2019 without any condition, with back wages, annual salary increments and allowances.

IV. In the alternative grant a mandate of writ of mandamus directing the Respondents to reinstate the Petitioner in the post of Academic and research officer.

V. Grant an interim order suspending the operations of the letter of prohibiting the Petitioner from entering all the premises of the institute dated 04.05.2023 marked as ‘X21’

VI. Grant an interim order suspending the operations of the letter of cancellation of temporary appointment of the Academic and Research Officer Post of the Petitioner dated 09.05.2023 marked as ‘X22’

VII. An Order to pay the lost back wages, allowances and annual salary increments VIII. Grant the Petitioner costs of this application IX. Grant the Petitioner such other and further relief as to Your Lordships’ Court shall seem to meet.

According to the petition, by letter dated 04.05.2023 which is marked as X21, the 2^nd Respondent has informed the Petitioner that with the instruction of the 3^rd Respondent, the Petitioner was prohibited from entering into the 1^st Respondent Institution, after the incident of forcibly taking the personal laptop of the Petitioner. Further, the Petitioner states that the 2^nd Respondent by letter dated 09.05.2023 marked as X22 has informed the Petitioner inter alia that the temporary appointment of the Petitioner was cancelled. Thereafter, the Petitioner has informed the 2^nd Respondent to withdraw the said administrative decisions marked as X21 and X22 by letter dated 14.05.2023. Further, the Petitioner states that though the Petitioner has informed the responsible personnel to take appropriate action in this regard, no response was received by the Petitioner. In the aforesaid circumstance, the Petitioner has filed this application to set aside the above-said order.

The main contention of the Petitioner is that the documents marked as X21 and X22 are ex- facie wrong and ultra vires of the powers vested with the Respondents and violate the principles of natural justice and proportionality.

The facts