Case filed by ex-Bribery Commission Chairman:

Leave to proceed granted

Wasantha RAMANAYAKE

The Supreme Court yesterday granted Leave to Proceed with the rights application filed by former Chairman and the two members of the Bribery Commission.

Deputy Solicitor General (DSG) Shavendra Fernando appearing for the respondents submitted that there is a possibility of a settlement in this matter. The DSG submitted that a settlement could be considered after the Leave to Proceed with application is granted.

The Court accordingly, with the consent of the parties, fixed the case for mention on August 23. Thereafter, if there is not any possibility of a settlement, further time would be granted for the objections and settlement. The Bench comprised Justice Saleem Marsoof PC, Justice S.I. Imam and Justice R.K.S. Sureshchandra.

The Petitioners, Bribery Commission Chairman Ameer Ismail and two Commissioners P. Edussuriya and Indra de Silva cited the Bribery Commission - Director General, its Deputy Director General, Secretary to the President and the Attorney General as respondents.

The petitioners claimed that their salaries have been erroneously computed as a result they have been deprived of them a significant portion of their salaries which is lawfully due to them in terms of the parliamentary determination dated January 19, 2009.

They stated that they were entitled to a monthly allowance of 250 liters of petrol or its cash equivalent from February 2009 up to the end of their terms on March 28, 2010 and sought a Court order to that effect.

They stated that the decision to pay only a fixed fuel allowance to them with effect from February 02, 2009 was erroneous and null and void.

The Petitioners sought a Court order for the payment of the arrears of increased salary for their full term in office starting from January 01,2006 to the end of January, 2009. They stated that they have been only paid the increased salaries from February 2009.

President's Counsel Faiz Musthapha with R. Ameen instructed by Gowry Shangary Thawarasa appeared for the petitioners. DSG Shavendra Fernando appeared for the respondents.

The application will be mentioned on August 23.