AMARASINGHE

Vs.

REGIONAL DIRECTOR OF HEALTH SERVICES, ANURADHAPURA AND OTHERS

SUPREME COURT
SC/FR/15/2017
DE ABREW, J.
JAYAWARDENA, J.
FERNANDO, J.
NOVEMBER 26, 2018

Fundamental rights-Infringement of Article 12(1) of the Constitution- Establishment Code, Chapter XLVIII-Interdiction without pay pending a disciplinary inquiry-Failure to hold a disciplinary inquiry for an extended period

The petitioner is a public officer who was interdicted without pay following the discovery of a suspected fraud committed by him in the course of his official duties. The petitioner contended that his fundamental rights under Article 12(1) of the Constitution were violated on three bases: (i) that the first charge sheet was issued to him without conducting a preliminary investigation; (ii) that the respondents failed to comply with the provisions of the Establishment Code regarding the procedural steps prior to the commencement of a disciplinary inquiry; and (iii) that there has been a delay of four and a half years in commencing the inquiry during which the petitioner was interdicted without pay.

Held:

1. Under the Establishment Code, a charge sheet is to be issued