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NPC CM’s directives put on hold after Chief Secretary moves Supreme Court
View(s):The administrative instructions sent out by Northern Province Chief Minister C.V. Wigneswaran have been put on hold following a Supreme Court order in a fundamental rights application filed this week by Chief Secretary Wijeledchumi Ramesh.
Accordingly the instructions that all staff officers who are required to attend programmes outside their work stations shall work on a
A passing out parade for 850 personnel from the Army, Navy and Air Force who will take up assignments as UN Peacekeepers, was held at the Saliyapura Army camp in Anuradhapura. Pic by Sarath Manula Wickrama
monthly advance programme with prior approval, namely, the Chief Secretary getting approval from the Chief Minister and no officer without permission from the Chief Minister having any media conference on his own, are some of the directives put on hold until the final determination of the case.
Another instruction held back is that except in instances relating to matters explicitly indicated in the Constitution all reports and submissions to the Governor and to any others outside the Provincial Council shall be only with the knowledge of the minister-in-charge. The Chief Secretary, secretaries and Heads of Departments will be held responsible for any breach of communication channelled at their respective levels.
Among the other instructions suspended are that all enquiries by the media should be directed to the Media Unit and no information pertaining to the activities of the Provincial Council should be released without the concurrence of the Ministers concerned.
Chief Secretary Wijelechumi Ramesh cited Northern Province Chief Minister C.V. Wigneswaran President’s Secretary Lalith Weeratunga, Northern Province Governor G.A. Chandrasiri, members of the Public Service Commission, Secretary to the Minister of Public Administration and Home Affairs and the Attorney General as respondents.The petitioner in her application complains that the Chief Minister is interfering in her work and is deliberately attempting to remove her from employment which is wrongful, illegal and arbitrary and violates her fundamental rights
She states that neither the Constitution nor the Provincial Council Act grants the power to the Provincial Council or the Chief Minister upon election to the Provincial Council, to transfer and or remove and or interfere with the employment or conditions of the employment of the incumbent Chief Secretary of a Province.
She further states that the Chief Secretaries of all provinces of Sri Lanka have been appointed by the President in terms of the Provincial Council Act.
She contends that as such their appointments and removals and service conditions are under the purview of the President who exercises his authority through the President’s Secretary and the Governors of the Provinces.
She states that whereas the induction of any officer of the All Island Services into the Provincial administration is exercised by the Chief Secretary in terms of existing law and all appointments are effected by the Provincial Public Services Commission which is delegated with such power in terms of the Provincial Council Act.
The Bench comprising Chief Justice Mohan Pieris and Justices K. Sripavan and Sathiya Hettige granted leave to proceed and issued interim order suspending the operation of the Administrative Standing Instructions of the Northern Province Chief Minister C.V. Wlgneswaran until final determination of the application.
Attorney-at-Law Gomin Dayasiri appeared for the petitioner while Palitha Gamage and S.L.A. Rasheed appeared for the Governor. Senior State Counsel Nerin Pulle appeared for the Secretary to the President and the Attorney General.