JAYAWEERA

VS.

COMMANDER, SRI LANKA AIR FORCE AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA,J.
OBEYESEKERE, J.
CA/WRIT/88/2015
AUGUST 25, 2020

Writ of certiorari-Air Force Act, sections 155, 161-ltem (xiii) (a) of Table B in the Fifth Schedule to the Regulations reed with Regulation 126(1) made in terms of section 155-Discharge of Warrant Officer under "services no longer required"-Doctrine of Double Jeopardy- Administrative decision-Punishment-Article 15(8) of the Constitution- Error in previous judgments acknowledged

The petitioner was a warrant officer of the Sri Lanka Air Force. In 1994, he was convicted and punished with 28 days' detention and forfeiture of pay for the offence of being absent from work without official leave. He was also issued a letter warning him that he would be subjected to one of four punishments including dismissal from service if he committed another offence. In 2014, the petitioner committed theft of Air Force property. Upon being charged with two offences he pleaded guilty and was punished with reprimand and severe reprimand. Thereafter, he was discharged from service by the Commander of the Air Force under the clause "His ser