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75 IPs file FR

2014 May 27

By Stanley Samarasinghe
Seventy five Inspectors of Police have filed a Fundamental Rights Application against the promotion of 229 Police Inspectors to rank of Chief Inspectors.
In their petition, filed through Attorney-at-Law Gowry Shangary Thavarasa, the petitioners claimed that grave irreparable loss, damage and prejudice had been caused to them by the promotions of 229 officers and urged the Court to issue an interim order restraining the respondents from acting in pursuance of their promotions.
IGP illangakoon, Secretary Ministry of Law and Order Nanda Mallawarachchi, retired Deputy Inspector General of Police K.E.L. Perera, Chairman and Secretary of Public Service Commission and members, M.R. Latiff Deputy Inspector General of Police (Training) M.R.A.R. Waidyalankara Deputy Inspector General of Police, A.M. Amarasinghe Asst. Director of Combined Services Ministry of Public Service and Home Affairs,... M.D. Madusanka, Asst Secretary of Public Service and Home Affairs and all the persons promoted to Rank of Chief Inspectors have been cited as respondents.
The petitioners stated that the IGP on September 4, 2013 called for applications from eligible persons holding the rank of Inspector for promotion to rank of Chief Inspector. The eligibility criteria stated there in was eight years of active service in the rank of inspector of police as at 25-9-2013 in the permanent cadre and unblemished record of five years service immediately preceding the date for the submission of application forms 25-9-2013.
The petitioners' states that based on seniority and merit they were all eligible for promotion to the rank of Chief Inspectors of police, but the selection and appointment of 229 to the said post of CI and the non-promotion of the petitioners was in violation of the criteria.
It is also in violation of petitioners' right to equality and equal protection of the law granted to them by Article 12(1) of the Constitution, the petitioners stated in their petition.
Sixty seven of the officers, who were promoted to the rank of the Chief Inspector, do not count eight years of active service as Inspectors in the regular service, the petitioners point out in the petition.
The petitioners also noted that the 22nd respondent was convicted of an offence under the convention against torture and other cruel-in human or degrading treatment or punishable acts, in the case 208/2008 in High Court of Kurunegala and was sentenced to two years rigorous imprisonment suspended for five years and ordered to pay Rs. 1,500 to the State as cost and one thousand rupees as compensation to the victims, The petitioners noted, the 22nd respondent has been promoted to the Rank of CI. The 195th respondent was also promoted, and he has not been confirmed in the post of Inspector and is in receipt of a salary which is applicable to the post of Sub Inspector of police.
The cut off mark for promotion was not disclosed by the respondents and 23 people who obtained lower marks have been promoted. Nine persons who have been promoted have disciplinary inquiries pending state the petitioners.
Therefore, the petitioners request the Court to declare that their Fundamental Rights have been violated, the promotions null and void and that the petitioners are eligible for the promotions.

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