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CMC Commissioner and chief MOH hauled up for Contempt of Court
View(s):Colombo Municipal Commissioner, V.K.A. Anura and Colombo Chief Medical Officer of Health (MOH) Dr. Ruwan Wijayamuni were directed by the Court of Appeal to appear before it on July 17 over a Contempt of Court charge for continuing an inquiry against Deputy Chief Medical Officer Dr. Anna Kariyawasam in violation of a Court order.
The contempt charges arise for violating interim relief granted by the Court of Appeal on March 27 to Dr. Kariyawasam to stop an ongoing inquiry against her after she filed a petition in Court challenging her interdiction by the CMC officials. Mayor of Colombo, A.J.M Muzammil, who was one of the respondents in the case was cleared of the contempt charges.
Dr. Kariyawasam had interdicted the officer with immediate effect after a letter sent by the Municipal Commission on March 13, over her working in a private capacity for hotels and restaurants. She however challenged the interdiction and informed the Court that, the revenue from all private tests went to the CMC and at the time of her interdiction, she was collecting blood, urine and stool samples from the staff of the Galadari Hotel after obtaining a verbal approval from the Mayor.
She added the Municipal Commissioner had no authority to issue a letter of interdiction to her since her disciplinary authority was the Provincial Public Service Commission. The Court of Appeal issued an interim order staying the operation and effect of the letter sent to Dr. Kariyawasam by the CMC Commissioner on March 13 including the conducting a preliminary investigation against her, until the final determination of the case.
However Dr. Kariyawasam’s lawyers informed the Court of Appeal that, on April 27 that she received a letter from the Chief Medical Officer of Health –CMC- to attend a preliminary investigation against her as directed by the Commissioner.
The plaintiff added the CMC had also stopped payment of her March salary.
On May 05, Dr. Kariyawasam filed a petition, complaining that activities of the Commissioner and the Chief Medical Officer of Health of the Colombo Municipal Council were totally and directly violating of the terms of interim order granted by the Court of Appeal.
Senior Counsel Upul Jayasuriya appearing for Dr. Kariyawasam informed Court on May 15 that Municipal Council had subsequently paid her March salary, but were still continuing with the inquiry against her.
After considering Mr. Jayasuriya’s submission the Appeal Court issued notice to respondents to appear before Court on June 18. When the case was taken up for hearing on Thursday, lawyer appearing for the Mayor -Mr. Muzammil- requested Court to discharge his client from the charge. He stated his client had not taken any step violating the interim order given by Court.
Attorney at Law Sumal Rajapaksha appearing for Dr. Kariyawasam stated his client had made the complaint only against the activities of the Commissioner and the Chief Medical Officer. President of the Court of Appeal, Justice Vijith K Malalgoda discharged Mr. Muzammil and fixed the next date of hearing for July 17.