LALANI

Vs.

EASTERN UNIVERSITY OF SRI LANKA AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/WRIT/124/2016

Writ of certiorari- Termination of services of a probationer-Right to begin the inquiry-Technical objections-Mala fide

The petitioner's services as the Senior Assistant Bursar of the Eastern University were terminated during her probationary period after an inter partes formal inquiry on charges relating to financial irregularities. The petitioner sought to quash this decision by a writ of certiorari predominantly on the basis that the charge sheet was issued under the hand of the Vice-Chancellor without the prior approval of the University Council.

Held:

1. There is no requirement for a disciplinary inquiry to be conducted to justify the termination of a probationer. Once dismissed from

service during the period of probation, the burden is on the probationer to establish unjustifiable termination whereby he must establish ma/a fides on the part of the employer before the employer is called upon to state his reasons for dismissal.

2. A probationer has no right to challenge the termination on high technical grounds unless the decision is tai