JAYASINGHE v. THE ATTORNEY GENERAL AND OTHERS | 1994 2SLR 74

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The petitioner was a storekeeper employed by the 2nd respondent (Colombo South Co-operative Society). He was interdicted by letter without a stated reason and without pay. It was known that he was alleged to have been responsible for shortages at four places where he had worked between 16.3.94 to 16.9.77. No charge sheet was served on him for 14 years until 1.1.92. The disciplinary proceedings were concluded only in August 1994 after the court had given leave to proceed. By letter dated 2.9.94 he was informed that his services were terminated with effect from 14.10.77. Two sets of proceedings, criminal and civil, intervened: Two prosecutions for criminal breach of trust, were launched but withdrawn in December 1981 and February 1982 and an arbitration commenced in 1979 and concluded with an award on 16.12.81 holding petitioner responsible for shortages to the value of Rs.121,691.89. The petitioner appealed but on 6.8.92 the Registrar of Cooperative Societies dismissed the appeal and affirmed the award. The petitioner then applied for writs of Certiorari and Mandamus to the Court of Appeal and this application is still pending. The petitioner alleged political victimization contrary to Article 12(2). The 2nd respondent took a preliminary objection that the application was time barred.

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