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Sending UDA Chairman on compulsory leave:

SC grants leave to proceed with FR application

by Wasantha Ramanayake

The Supreme Court granted Leave to Proceed with a Fundamental Rights Application filed by the Urban Development Authority Chairman against sending him on compulsory leave.

The Bench comprised Chief Justice Sarath N. Silva PC, and Justices T.B. Weerasuriya and Shirani Thilakawardane.

Petitioner K.V. Dharmasiri cited Western Region Development Minister M.H. Mohomed, The Secretary to the Ministry, the Urban Development Authority (UDA) and its Acting Chairman S. Ameresekera as respondents.

Counsel Wijyadasa Rajapakse PC for the petitioner submitted that the second respondent secreatry to the Ministry and the Acting Chairman informed his client on December 27, that he had been sent on compulsory leave on a directive by the first respondent.

The Counsel submitted that to the petitioner's knowledge there was no such order by the first respondent.

However, the decision of the second respondent to send him on compulsory leave was arbitrary, and ultra vires of the second respondent's powers. He further submitted that the decision adversely affected his career and was in violation of his fundamental rights. He had claimed one million rupees as compensation.

State Counsel Uditha Egalahewa appeared for the first and second respondents, the Minister and the Secretary to the Ministry, moved for time to obtain instructions from the first and second respondents with regard to an interim order.

The Court accordingly, fixed the case for support for interim order for January 27. Petitioner sought an interim order suspending the said decision to send him on compulsory leave until the final determination of the application.

Counsel Wijayadasa Rajapakse PC appeared for the petitioner. Shibly Aziz PC, Uditha Egalahewa and S. Ahamed appeared for respondents. The case was fixed for January 27.

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