LOKUHENNADIGE VS. LT. GENERAL SARATH FONSEKA AND OTHERS

LOKUHENNADIGE VS. LT. GENERAL SARATH FONSEKA
AND OTHERS

COURT OF APPEAL
SRISKANDARAJAH, J.
CA 1274/2006
MARCH 12, 2009

Army Act - Section 27 (d) - Court of Inquiry - Disqualification to be a member of the Court of Inquiry - Power to deduct sum ordered from pay or allowance - Validity - Judicial Review - appeals - Difference - Withdrawing of commission -Dismissed from Army - Can punishment be imposed without holding inquiry? Punishment - Surcharge is it a punishment?

On an investigation by Military Police into an "air ticket fraudn the petitioner a Captain in the Army was taken into custody, a Court of Inquiry inquired into the incident and recommended that the respondent should recover from the petitioner and two others, the said sum, to take disciplinary action against those who were found responsible, and to take steps to withdraw the commission and to dismiss the 3 officers. It was contended that, the 3'd respondent was disqualified to sit as a member of the Court of Inquiry - as he was a beneficiary of a ticket obtained from the Directorate as he is witness to the transactions and that the 6th respondent did not p

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