Colombo, The Supreme Court declared null and void the special promotions granted in 2010 to three Chief Inspectors of Police, including a former Officer-in-Charge of the Beliatta Police Station, to the rank of Assistant Superintendent of Police.
A three-judge Bench comprising Chief Justice P. Padman Surasena and Justices Mahinda Samayawardhena and Sampath Wijeratne delivered the judgment in a fundamental rights application filed by 33 Chief Inspectors of Police.
The Court held that Cabinet decisions dated July 28, 2010, granting special promotions to the three officers were unlawful and inconsistent with Article 12(1) of the Constitution. The Court accordingly declared the three Cabinet decisions null and void and of no force or avail in law.
The three officers were A.J.Y.B. Krishantha, P.G.S. Gunathilake and P.M. Prashantha Perera.
The 33 petitioners had filed the fundamental rights application on September 8, 2010, alleging that the special promotions had been granted outside the applicable Scheme of Recruitment and Promotion and without following the prescribed procedure. The promotions had been communicated by the Inspector General of Police through RTM 254 dated August 9, 2010.
According to the judgment, Krishantha had been enlisted to the Special Task Force as a Sub Inspector of Police in 1994 and was promoted to Inspector in 1998. He transferred to normal police duties in 2003 and was appointed Officer-in-Charge of the Beliatta Police Station on June 25, 2004. He was promoted to Chief Inspector on January 1, 2006.
The Cabinet memorandum submitted in support of Krishantha’s special promotion referred to four commendations he had received from the Inspector General of Police for work including the recovery of arms and ammunition, the arrest of suspects involved in serious crimes and the recovery of stolen property.
The memorandum also stated that Krishantha had performed his duties efficiently while providing security to the then Defence Minister and his family when they travelled to the Tangalle area. The Minister subsequently sought Cabinet approval to grant him the special promotion to Assistant Superintendent of Police.
However, the Supreme Court found that the three Cabinet memoranda did not identify any deficiency in the existing Scheme of Recruitment and Promotion, shortage of officers, administrative necessity or broader institutional issue that would justify departing from the established promotional structure.
Instead, the memoranda were directed at the merits of three specifically identified officers and referred to services rendered by them personally to the then Defence Minister and members of his family.
The Court emphasised that promotions in the public service must be governed by law, the applicable Scheme of Recruitment and Promotion and objective criteria aimed at securing an efficient public service, rather than subjective preferences or personal considerations.
President’s Counsel Saliya Peiris with Anjana Ratnasiri appeared for the petitioners. (Daily Mirror) –
