News
Dismissal of 2 police officers: Court of Appeal quashes decisions of the IGP, the PSC and AAT
View(s):- Grants relief to the petitioners, including their promotions and salary increments from the time they were interdicted
By Ranjith Padmasiri
The Court of Appeal quashed the disciplinary order of the IGP and the decision of the Administrative Appeals Tribunal (AAT) and set aside the dismissal of two police officers, holding that the disciplinary findings against them were irrational and were not supported by sufficient or reliable evidence.
The judgment, delivered in CA (Writ) Applications by. Justice Dr. D. F. H. Gunawardhana, concerned allegations arising from an incident in May 2010 while the officers were attached to the Udawalawe Police Station.
The officers had been purportedly accused of soliciting a bribe and misappropriating a quantity of cannabis allegedly seized during a police operation.
Following a disciplinary inquiry, the two officers were found guilty and dismissed from service through an order dated August 12, 2012. Subsequent appeals by the two Police Officers to the National Police Commission, the Public Service Commission, and the Administrative Appeals Tribunal were unsuccessful.
In reviewing the Application of the Petitioner, the Court of Appeal examined the evidentiary basis of the disciplinary findings and the decisions of the relevant authorities. The Court observed that the prosecution’s case relied primarily on the testimony of the Officer in Charge of the station at the time, and noted serious inconsistencies and gaps in the evidence presented.
The Court further observed that the only quantity of cannabis produced before the Magistrate’s Court was 400 grams, while the allegation of a larger quantity of 10 kilograms was not supported by physical evidence or corroborating testimony. Civilian witnesses who were called to testify stated that they had not seen or identified the contents of a bag said to be connected to the incident.
The judgment also referred to the absence of testimony from the original suspect who had been arrested, as well as the lack of forensic or documentary material to substantiate key aspects of the allegations. Certain procedural shortcomings in the investigation were also noted.
Having considered these factors, the Court held that the findings of guilt reached at the disciplinary inquiry were not sustainable on the evidence. It further held that the decision of the Administrative Appeals Tribunal, which affirmed those findings, could not be maintained since the evidence presented at the inquiry had not been analysed by the AAT.
Accordingly, the Court issued writs of Certiorari quashing the relevant impugned decisions of the IGP, the PSC and the AAT and further granted relief to the petitioners, including their promotions and salary increments from the time that the two officers were interdicted and also imposed costs of Rs. 21,000/- for each Petitioner as litigation costs.
The two Police officer Petitioners were represented in Court by Krishan Fernando Pulle, Attorney -at- Law, and Tharika Ruwanpura Attorney -at- Law on the Instructions of the Legal Aid Commission of Sri Lanka.
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