VITHANE

Vs.

COMMANDER, SRI LANKAN ARMY AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/WRIT/354/2015

Writ of certiorari-Recommendation for withdrawal of commission Army Discipline Regulations 1950, Regulation No. 2-Commander's responsibility to maintain discipline-Reluctance of the court to interfere with disciplinary decisions of tri forces

The petitioner filed this application seeking to quash by way of certiorari the recommendation made to the President by the Commander of the Sri Lanka Army to withdraw the commission of the petitioner from the Sri Lanka Army and the finding of guilt and the lowering of the petitioner's seniority in the Sri Lanka Army.

Held:

1. In general, recommendations are not amenable to writ jurisdiction. Even assuming recommendations are amenable to writ jurisdiction, the petitioner is challenging a conviction and sentence entered and passed about seven years ago. The petitioner is guilty of laches which disentitles him to discretionary relief such as writ.

2. The recommendation for withdrawal of the commission was not solely dependent upon the recent conviction. The charges were serious and involved inhumane conduct on the p