MANKOTTE

Vs.

ADMINISTRATIVE APPEALS TRIBUNAL AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA,J.
CA/WRIT/249/2015

Writ of certiorari and mandamus-Articles 59, 140 of the Constitution-Administrative Appeals Tribunals Act, No. 4 of 2002, section 8(2)-Decision final and conclusive-Statutory ouster clause-Judicial review not ousted-Excess of jurisdiction-Decisions based on a misapprehension of facts-Establishment Code provisions relating to "cover up" duties/acting duties/attending to duties-Duties of the appointing authority

The petitioner filed this application seeking to quash by way of a writ of certiorari the decision of the Administrative Appeals Tribunal whereby the Tribunal refused to antedate the petitioner's appointment to the post of Director (Extension and Training) of the Department of Agriculture with effect from 24.10.2008 on which date he was first appointed as the Acting Director of the same post, and to compel the respondents by way of a writ of mandamus to do so.

The respondents took up three arguments: (a) in view of section 8(2) of the Administrative Appeals Tribunal Act, No. 4 of 2002, the order delivered by the Administrative Appeals Tribu