The Supreme Court granted leave to proceed in a fundamental rights petition filed by a police inspector, who claims he was unlawfully dismissed from service.
The next hearing will be on December 1.
The bench comprised Justice Shiranee Thilakawardena, Justice K. Sripavan and Justice I Imam.
Petitioner Prabath Kumara Widanagama cited Gotabaya Rajapaksa, Secretary Defence, Mahinda Balasuriya Inspector General of Police, P D Mahindaratna, D. N. Nanayakara, Chief Inspector, and the Attorney General as respondents.
The petitioner said police had conducted a purported inquiry against the petitioner on a complaint by a member of the public by the name of Dushmantha Karannagoda. It was alleged that he had an adulterous affair with the complainant’s wife Sithiya Ramsia Karanngoda. This was flatly denied by the petitioner and the complainant’s wife.
The petitioner said the Special Investigation Unit then conducted an inquiry based on the same allegation.
The petitioner stated that the IGP then transferred the petitioner to Sri Lanka Police College, Kalutara, on disciplinary grounds, which was influenced by higher authority.
The petitioner said his transfer was illegal and procedurally flawed as there was no formal inquiry or charge sheet given to him.
He claimed that the entire procedure was conducted in an unlawful manner from the inception.
Attorney U Egalahewa, representing the petitioner, said he was dismissed while his case was still pending in the court, violating his fundamental rights under Article 12 (1).