SC wants to be informed on any transfer of CMC Commissioner

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday granted Leave to Proceed with the Fundamental Rights application filed by the Colombo Municipal Commissioner against the imminent infringement of his rights.

The Court considering an application for an interim relief directed the respondents to inform court before transferring the petitioner or taking any action that affect him in his capacity as the Municipal Commissioner.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices Shirani Thilakawardane and Nimal Gamini Amaratunga.

Petitioner Colombo Municipal Commissioner Dr. Jayantha Liyanage filed the rights application claiming that his rights would be imminently infringed. He stated that he had this impression as a result of recently published media reports in connection with the state of affairs of the Colombo Municipal Council (CMC).

The petitioner cited CMC, Western Province Governor Alevi Mawlana, Secretary to the Governor Asoka Athurugiriya, Chairman and the members of the Provincial Public Service Commission and the Attorney General as the respondents.

He stated although certain councillors and outsiders levelled baseless allegations of corruption and malpractices at him, he had not been formerly issued a charge sheet with regard to any of such allegations. The petitioner stated that although there had been political pressures, he had discharged his duties independently since 2001.

He stated that the Court of Appeal quashed a suspension of his service in 2004 by the second respondent in such instance. He sought a declaration that his rights had been imminently infringed by the actions of the respondents.

He further sought interim relief preventing the respondents from transferring or removing him as the Municipal Commissioner of the CMC. President’s Counsel Romesh de Silva appeared for the petitioner. The hearing was fixed for June 11.