The issue of what is a public officer or who holds public office in the context of Dr P.B. Jayasundera came up in the Supreme Court on Monday. Dr Jayasundara, a former Treasury Secretary, has also served as an ex-officio member of the Monetary Board, Securities Exchange Commission and board of governors of the Institute of Policy Studies in addition as director of several state owned companies.

Speaking to The Sunday Times FT, a highly respected and retired civil servant said the simple definition is that officers who are being paid by the state and full-time consultants who undertake important work in the government headed by President and paid by the government could be considered as public officers. This is clearly defined in the Constitution and the Establishment Code. Part-time consultants who are engaged in an advisory capacity cannot be considered as public officers. There is no practice or tradition where government consultants could be defined as public officers, he said.

Full-time chairmen or directors in state-owned companies or corporations who are being paid by the state are public officers. Some of these directors are representatives of the Treasury and line-ministries and they are being paid for attending the board meetings. The Treasury Secretary is empowered to nominate representatives to the boards of directors of these institutions by virtue of the Treasury having a stake (shares) and these nominees are all holding public office.