DHARMAKEERTHI

Vs.

GOVERNOR, SABARAGAMUWA PROVINCE AND OTHERS

COURT OF APPEAL
OBEYESEKERE, J. (P/CA)
COREA, J.
CA/WRIT/39/2021
MARCH 16, 25, 2021

Writs of certiorari and prohibition-Urban Councils Ordinance, section 184-Provincial Councils (Consequential Provisions) Act, No. 12 of 1989, section 2-Suspension of Chairman of Urban Council Reasonableness

The petitioner was the Chairman of the Embilipitiya Urban Council. He was suspended by the Governor of the province pending an inquiry against him in terms of section 184(1A) of the Urban Councils Ordinance read with section 2 of the Provincial Councils (Consequential Provisions) Act, No. 12 of 1989. He was thereafter served with a charge sheet containing eight charges to be inquired into by the 5th respondent inquiring officer. The petitioner sought to challenge by way of writs of certiorari and prohibition the decisions to suspend him, to hold an inquiry and to serve him with a charge sheet.

Held:

1. The decision to appoint an inquiring officer and the decision to suspend the petitioner must not only be reasonable but should be arrived at carefully, for the reason that such decisions may involv