A fundamental rights petition filed in the Supreme Court challenging the promotion of a jailor who is charged with murder was granted leave to proceed.
The petitioner D.R. Dammika Dassanayake cited Justice and Legal Reforms Ministry Secretary Suhada Gamlath, Prisons Commissioner General V.R. Silva, Justice and Legal Reforms Ministry Additional Secretary Mrs. Dilhara Amerasinghe, Ministry Assistant Secretary Mrs. Saman Kumari, the Public Administration and Home Affairs Ministry Assistant Secretary (Administration), DIG H.K.S Pinidiya, W.K.P. Seneviratne, R.P.R. Waidyasekera, P.M.M.K.M. Abeyratne, W.L.D.F. Lowe, D.A.M. Nimal Shantha, K.A.A.L.P. Gunawardena, Siridath Dammika, K.H.M.W.P. Kolongahapitiya, U. Wije Tennakoon, M.Ajith, L.G. Sudath Rohana - all Jailors Class 1 – Rehabilitation and Prisons Ministry Secretary A. Dissanayake and the Attorney General as respondents.
The petitioner said that he is a jailor with an unblemished service record and had applied to sit for the examination held in accordance with the circular submitted for promotion to Class 1. The petitioner also presented himself for the interview held in December 2009 by the 2nd, 3rd 4th and 5th respondents.
The petitioner stated that he had received marks in keeping with the promotion requirement but to his utter surprise he found that the 18th respondent has promoted the 7th to the 17th respondents with the approval of the 1st respondent to Jailor Class 1 while the petitioner was not promoted.
The petitioner also said that seven candidates had submitted false certificates and this was intimated to Minister DEW Gunasekera who had called for fresh interviews.
The petitioner stated that the 9th respondent was facing a disciplinary inquiry and the 10th respondent was charged for murder in the Negombo Magistrate’s Court but still they were promoted to Jailor Class 1.
The Bench comprising Justices Shiranee Thilakawardena, P.A. Ratnayake and I.M. Imam granted leave to proceed and directed State Counsel to look into the matter and if there was a settlement to promote the petitioner, to inform Court on March 7.
Darshana Kuruppu appeared for the petitioner.