Sri Lanka Tourism in legal travails
Sri Lanka’s state tourism officials are purportedly sailing into hot water as they attempt to keep under wraps what is today public knowledge. The Tourism Ministry Secretary knows nothing of the criminal charges leveled against his officers who under the law could be temporarily suspended from office given the present circumstances.
When the Business Times contacted Tourism Ministry Secretary S. Hettiarachchi on Wednesday regarding the District Court order in a contempt of court case against Tourism Development Authority (SLTDA) Chairperson Kimarli Fernando and Director General Dammika Wijayasinghe, he said neither of these parties had informed him of such a court case.
These officials and the Finance Ministry representative Additional Director General Anoma Nandani were issued summons on February 2, 2022 by the District Court of Colombo to appear in person to answer contempt of court charges, a criminal offence, for allegedly violating an interim injunction issued by the District Court. The case was instituted by the Plaintiff Petitioner Lanka Realty Leisure in respect of a land in Yala where the SLTDA had leased the property for a period of 99 years and later cancelled it and which LRL sought to declare such cancellation as void. The officials have been asked to appear in court on March 16.
He also said that had they received such an order from court they should have informed him but this has not happened.
In fact, Mr. Hettiarachchi assumed that this was simply a story circulated by social media and had no clue to its veracity.
However, according to legal opinion obtained in this regard, it was found there could be legal provision for the temporary suspension of the key officials the Director General and the Additional Director General in this regard. The state’s Establishments Code 27:10:1 states that “However, where legal proceedings are taken against a Public Officer for a corruption or criminal offence other than a solicitation of bribe or act of antigovernment or act of terrorism, the Disciplinary Authority / Administrative Authority should conduct a preliminary investigation against such Officer within a period not more than two months.”
It further states “Where the Public Service Commission determines that the reinstatement of the Officer in service under Sub Section 27:10:1 is detrimental to the interests of the Public Service, such Officer should be further kept under interdiction pending the verdict of the Court of Law.”
Further under 31:1 of the Establishments Code it is stated that if a public officer has committed either one or some or all of the following acts of misconduct, and in this case under 31:1:3 being prosecuted in a Court of Law on anti-government, terrorist or criminal charges then the relevant Disciplinary Authority, or the relevant Secretary to the Ministry or Head of Department not holding disciplinary authority, may forthwith interdict the officer concerned subject to the covering approval of the Disciplinary Authority.
In a further development to the case on Thursday, the SLTDA Chairperson had informed through her lawyer Romesh De Silva PC that she will be available to attend the proceedings on the next said date as she will be going abroad from March 2- 20.
In this respect, the court has asked the motion to be taken up tomorrow and that the Chairperson should personally make this request from courts.
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