Politically victimised Police officers denied promotions file FR petition
A Supreme Court Bench comprising Chief Justice K. Sripavan and Justice Priyantha Jayawardena P.C., granted leave to proceed in a Fundamental Rights (FR) petition filed by five police officers alleging discrimination by the National Police Commission (NPC) when promotions were granted to politically victimized officials.
Petitioners stated that, the Prime Minister had submitted a Cabinet memorandum seeking relief for Government Servants affected during the period 1994 to July 31, 2014, due to political victimisation. The memorandum was approved by the Cabinet and authorised the Secretary of Public Administration, Local Government and Democratic Governance to take necessary action.
Following the Cabinet decision, an Official Committee comprising three retired public officers was appointed to issue a Public Administration Circular to provide a reasonable period of time for those officers to submit appeals seeking relief.
The petition was filed by Senior Superintendent of Police (SSP) Saman Ratnayake, SSP Janaka Indrajit de Alwis Goonetileke, Assistant Superintendent of Police (ASP) Liyanage Samansiri Sigera, SSP Kariaywasam Don Anandasiri, and Chief Inspector Suresh Prasanna Kumara who retired on medical grounds but later, a Medical Board concluded that Mr Kumara was fit to serve. He last served as Officer-inCharge of Kirulapona Police Station.
The officers said, though eligible for promotions under political victimisation, they were discriminated by the NPC.
NPC, Inspector General of Police (IGP) Pujith Jayasundara, B.M. Basnayaka, Chairman, Committee to Inquire into Political Victimisation, Ministry of Law and Order and Southern Development, P Wijeweera, Secretary to the ministry and the Attorney General are among some 19 respondents.
They also pointed out to court that those eligible for promotions due to political victimisation, once promoted, will be placed at the bottom of the seniority list of the relevant category of officers, as the new promotions will not affect the seniority of current serving officers.
They also stated they are suffering financially and mentally, and precluded from enjoying the privileges of higher positions they are entitled to, due to the delay in their promotions. They also brought to the attention of the courts that, some of the officials who were entitled to relief, were promoted to senior ranks just before their retirement age.
The petitioners are of the view that, as the administrative or executive actions are arbitrary, ultra vires, unreasonable, unlawful, and discriminatory, they alleged their FR enshrined under Article 12(1) of the Constitution, have been violated.
“Even though they have been recognised as being entitled to be promoted by the IGP, the NPC has withheld it without any legitimate reason,” the petitioners alleged. The petitioners were represented by Kasun P. Chandraratne, President of the Foundation for Civilian Bravery, a non-profit organisation.
The case would be taken up for hearing on January 23, 2017.
Petitioners stated that, the Prime Minister had submitted a Cabinet memorandum seeking relief for Government Servants affected during the period 1994 to July 31, 2014, due to political victimisation. The memorandum was approved by the Cabinet and authorised the Secretary of Public Administration, Local Government and Democratic Governance to take necessary action.