COMMANDER OF THE AIR FORCE AND OTHERS VS. BANDARA

COMMANDER OF THE AIR FORCE AND OTHERS
VS.
BANDARA

COURT OF APPEAL
SUPREME COURT
CHANDRA EKANAYAKE, J
PRIYASATH DEP, PC. J
EVA WANASUNDARA, PC, J
SC 104/2008
CA 414/2005
MAY 22, 2014
MAY 30, 2014

Writ of Certiorari - Air Force Act, Section 40, 42, 43, 102(1), 133 - Officer Cadet - Provisions of the Air Force Act - Do they apply to a Cadet Officer - Discharge from service consequent to a Summary Trial - Charges under Section 102(1) and Section 129 of the Air Force Act - Should the suspect be tried by a Court Martial? - Can a person be discharged from service consequent to a Summary Trial - No person could be punished twice over?

A complaint was made against the Cadet officer - Respondent - that he and another entered into the Residential Quarters of another officer -under Section 104, Section 129 of the Air Force Act - And for violating base standing orders and committing Criminal Trespass. At a Summary Inquiry held he was found guilty of the two charges and was imposed 30 days detention on Charge 1 and 14 days detention on Charge 2. Later he was exonerated on Charge 1 and the sentence of the 2nd Charge was carrie

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