Divisional Secretary acquitted in breach of trust case

The Seruwila Divisional Secretary who had allegedly committed an offence punishable under the Criminal Procedure Code violating the Public Properties Act was found not guilty to the charge when the case was heard in the Trincomalee High Court last week. The charge was that he had been drawing a monthly rental allowance of Rs: 2000 from the Government while staying in government quarters allocated to him.

The accused Kulatunga Bandara Hettiarachchi was the Seruwila Divisional Secretary in the Trincomalee district at the time of the alleged offence. The Attorney General had indicted the accused, on a complaint made by the then Trincomalee Government Agent S.T.Chandradasa that he had committed the offence during the period May 1, 2000 and April 30, 2001 while serving as the DS at Seruwila.

Mr.Chandradasa said in evidence led by the State. that he was the Government Agent of the Trincomalee district from 20.10.1994 to 12.11.2001. There were eleven Divisional Secretaries working under him and the accused was one of them. He received a complaint that the accused was drawing a monthly rental allowance of Rs: 2000 stating that he was residing in a private house but in fact he was occupying the government quarters allocated to him.

Mr.Chandradasa further said that the accused made an appeal to permit him to rent out a private house for his stay as the government quarters allocated to him had been damaged. The ministry allowed a monthly payment of Rs. 2000 as rent to the accused on the recommendation of the witness. He got a complaint later stating that the accused had in fact been staying in government quarters and drawing a payment from the government for paying rent to a private house for his stay.

The accused led by the defence said in evidence that he was posted to Seruwila as Divisional Secretary for the second time in 1998. He found the government quarters for him had been damaged and requested the Government Agent to get it repaired. Till that time he made a request to the Government Agent to make arrangements to pay him a monthly rent to occupy a private house for his stay. The ministry allowed such payment till the complainant revoked it on a complaint against the witness. The dispute on the payment of monthly rental to the accused arose after he signed a memorandum with other administrative officers to the ministry concerned on a disciplinary inquiry instituted against the Gomarankadawela Divisional Secretary by the Government Agent.

The order for the resumption of monthly house rent for the accused was made after the appointment of a new person as the Government Agent replacing Mr.Chandradasa.

Taking into consideration the evidence of prosecution witnesses and the accused High Court Judge Anton Balasingham stated in his order acquitting the accused that several government officers including the Tampalakamam Divisional Secretary had given evidence in this case corroborating that the official quarters of the Seruwila Divisional Secretary was earlier used as a camp of the Sri Lanka Army and had been damaged. The court considers that it was not compulsory for the accused Divisional Secretary to stay in the private house to which he was paying rent while staying with his friends and others after duty.

“A doubt has been created in the minds of the court that the virtual complainant in the case the then Government Agent, Trincomalee district could have implicated the accused in this case as a result of representations made against him by nine administrative officers in the Trincomalee district including the accused,” the judge said in analysing the evidence of the then Government Agent and the accused.

“Hence I hold the charge against the accused has not been proved beyond reasonable doubt and I order the accused be acquitted,” the Judge stated. Attorney A.W.A.Sattar appeared for the accused. State Counsel R.Kannan led the prosecution.