The Petitioner, a trained teacher ‘complained that he was transferred from Puttalam Regional Education Office to the Nikaweratiya Regional Education Office, in the middle of the year, with only 6 days notice, ‘without valid reasons or cause and in an arbitrary, malicious and capricious manner, subjecting him to selective hostile discrimination*. The Petitioner averred that no other teacher in North – Western Provincial Council had been transferred in this manner. The 3rd Respondent (North – Western Provincial Director of Education) claimed that the transfer was on disciplinary grounds, with the…
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PRIYANGANI V. NANAYAKKARA AND OTHERS | 1996 1SLR 399
Petitioner, a Primary school teacher completed a five year period at a school classified as a difficult school and applied for and obtained a transfer to a school close to her husband’s home in February 1995. On 29.06.95 she received a letter dated 13.06.95 issued by the 2nd Respondent the Director of Education of the Puttalam Zone of the North Western Province (NWP) transferring her back to the old difficult school with immediate effect. Also no travelling expenses were to be paid. Transfers within the NWP were governed by a…
Read MoreABEYWICKREMA v. GUNARATNA AND THREE OTHERS S.C. SPL 93/96.
The petitioner who is a three wheeler driver has taken a passenger on hire; and after arriving at the Police Station with the passenger as requested by him, he was assaulted by the Police taken into custody and produced before the A.J.M.O. According to the petitioner, on 7th July 1996 he has taken a passenger to Ragama on hire and had returned with the said passenger around 7 p.m. The passenger had gone into his place of lodging to bring the money to pay the hire due to the petitioner…
Read MoreDISSANAYAKE, ATTORNEY-AT-LAW ON BEHALF OF K. M. LAL v. SUJEEWA, SUB INSPECTOR OF POLICE, MEETIYAGODA POLICE STATION AND OTHERS S.C. APPLICATION NO. 524/96
At the time this application was filed the victim Lai was unconscious. Subsequently he tendered an affidavit. It was alleged that close to midnight on 02. 06. 1996 when he was sleeping in his house, the 1st respondent and other police officers arrived and arrested him. He was taken to the Meetiyagoda Police station. In the early hours 03. 06. 1996 the 1st respondent assaulted him with hands and feet and a club when he lost consciousness. Later that day the police admitted the victim to Batapola hospital. As per…
Read MoreRIFAIDEEN v. SUB-INSPECTOR OF POLICE JAYALATH, WELLAWATTE POLICE STATION AND OTHERS SC (SPL) NO. 71/96
The petitioner who was 59 years old, was a “broker* by profession. He has averred that on 27.05.1996, the 1st respondent with some other police officers attached to the Police Station, Wellawatte, took him into custody while he was travelling from Panadura to Colombo. The petitioner alleges that he was taken to the Police Station and was assaulted by the 1st respondent at the instigation of the 2nd respondent. The allegation is that the petitioner was assaulted with sand filled S-lon pipes and he thereby sustained injuries to his head,…
Read MorePRIYANKARA v. PC SISIRA KUMARA, POLICE STATION, PUTTALAM AND OTHERS SC APPLICATION NO 214/96 (SPL.)
The petitioner was travelling in a Puttalam bound bus when a passenger boarded the bus with a lighted cigarette. When the conductor of the bus attempted to stop the smoking, the passenger retaliated by using obscene language. At that stage the petitioner intervened. Then also the passenger retaliated by using obscene language. When the bus reached the Puttalam bus stand the passenger challenged the petitioner. The petitioner attempted to escape but the passenger assaulted the petitioner repeatedly. Thereafter, the petitioner visited the Puttalam Police Station and complained to the OIC,…
Read MoreNALIKA KUMUDINI, ATTORNEY-AT-LAW, (ON BEHALF OF MALSHA KUMARI) v. NIHAL MAHINDA, O.I.C. HUNGAMA POLICE AND OTHERS S.C. APPLICATION (F.R.) NO. 615/95
Malsha Kumari a 14 year old girl was arrested at her house by police officers of the Hungama Police Station. She was questioned about the theft of a gold chain and assaulted by Police Officers both at the time of her arrest and at the Police Station. The 1st respondent, officer- in-charge of the Police Station, assaulted her with a hose-pipe and trampled her. Thereafter her hands were tied behind her back and she was hung on a tree with a rope. While she remained hung the 1st respondent beat…
Read MoreABASIN BANDA v. S. I. GUNARATNE & OTHERS S.C. APPLICATION NO. 109/95.
The Petitioner alleges that he was arrested at about 6 p.m. on 1, March 1995, for no reason. He was taken to the Hanguranketha Police Station where the 1st Respondent assaulted him with a piece of wood. He was produced before the Magistrate in the morning of 2, March, 1995. The Petitioner states that he was waiting for a bus at the Rikillagaskada junction to go home, after selling cloth. Then the 1st respondent arrived in a jeep with two Police Constables and arrested him. The petitioner was not informed…
Read MoreJAYAWARDENA v. DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS| 2001 1SLR 32
The petitioner was an Inquirer into Sudden Deaths, Gampaha, appointed to that office by the then Minister of Justice by his letter dated 13.12.1993 for a period of 3 years from 01.12.1993. He complained that the 1st respondent (Secretary, Ministry of Justice) purported to cancel his appointment with effect from 31.05.1995 by a letter dated 26.5.1995 written by the Is1 respondent; that by another letter dated 26.5.1995 the l 31 respondent informed the 3rd respondent that the 2nd respondent (Minister of Justice) had appointed the 3rd respondent as the Inquirer…
Read MoreW. K. C. PERERA v. PROF. DAYA EDIRISINGHE AND OTHERS | 1995 1SLR 148
Under the Rules “Advanced Drawing” was not a main subject for the final examination for the Degree of Bachelor of Fine Arts. Where the Rules are clear and unambiguous it is impermissible and unnecessary to refer to the Examination Criteria in order to interpret the Rules. For a student who has selected Design, “Advanced Drawing” is a subject but not a “Main subject”. In respect of a student who selected Design the only requirement for an ordinary pass is that she should obtain an average of 40% in the examination.…
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