A writ petition by TNA Batticaloa District MP Shanakyan Rasamanickam was dismissed by the Court of Appeal without cost.
Rasamanickam was challenging the recommendation of the Presidential Commission of Inquiry appointed to look into alleged political victimisation of public servants, to re-instate a former Marketing Manager (Retail) of the Ceylon Petroleum Corporation (CPC).
Justice Arjuna Obeysekera and Justice Mayadunna Corea dismissed the petition citing that there is no legal basis to issue notices on the respondents. The Court observed that it is clear that the decision of the CPC to re-instate the former Marketing Manager has been taken independent of the inquiry or any recommendation by the PCOI.
The petitioner stated that his family business M/S Rasamanickam & Sons has been holding the dealership of CPC in Kalawanchikudy since 1980. He states that on November 20, 2012, the 13th Respondent Chaminda Prasad Samarakoon claims to have issued a letter calling for explanation from M/S Rasamanickam & Sons for allegedly operating the dealership by a third party.
The petitioner said that Samarakoon was the former Marketing Manager (Retail) at the CPC who was dismissed from service consequent to disciplinary inquiries.
The petitioner states that in or about August, 2015 the 13th Respondent was interdicted by the CPC pending disciplinary inquiries against him.
The petitioner said that Samarakoon had lodged the complaint to the Presidential Commission of Inquiry alleging that he was politically victimised.
The petitioner said that the Presidential Commission had recommended to reinstate Samarakoon in the CPC. By a further letter dated December 21, 2012, Samarakoon had informed the partners of Rasamanickam & Sons that their dealership had been terminated. President’s Counsel Nigel Hatch with Counsel Shantha Jayawardena and Chamara Nanayakkawasam instructed by Dinesh De Silva appeared for the Petitioner.
Additional Solicitor General Parinda Ranasinghe appeared for the Attorney General. President’s Counsel Manohara De Silva along with counsel Mohamed Adamaly appeared for the 13th Respondent.
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