Court rules interdiction on audit query illegal

BY Upali Ananda

A petition filed by a principal of a government school against his interdiction based on an audit query was upheld by Anuradhapura Predecessor High Court Judge (Monaragala present High Court Judge) Dr. Nalin Hewawasam, who ordered the reinstatement of the petitioner with back wages for the period under interdiction.

Former Secretary to the Chief Minister, North Central Province, Sirimewan Dharmasena, Chief Secretary Waruna Samaradivakara, Director of Education NCP S.M.W.Samarakoon, and Zonal Director Maheshi Manjarika were the respondents to the petition filed by Principal of Nachchaduwa Kalawila Sena Maha Vidyalaya in Anuradhapura Nimal Jayawickrema.

The petitioner sought a court order declaring null and void the interdiction order issued by the respondents.

The judge held that the interdiction of the petition based on an audit query, which was not an audit report, was bad by law. He ordered the Chief Secretary, North Central Province, to reinstate the petitioner to the same school and to pay arrears of salaries for the period under interdiction. The judge ordered the respondents to allow the petitioner to perform his duties without undue interference or obstacle.

Attorney at Law appearing for the petitioner submitted that the petitioner had been interdicted based on an audit query regarding the administration of the school, but it was not an audit report levelling any allegation against him. He submitted that it was illegal to interdict a government official based on an audit query alone. He told court that the Secretary to the Chief Minister had arbitrarily ordered the interdiction on political grounds

Meanwhile, President of Ceylon Teacher Union Priyantha Fernando, who was present in courts said the judgement was an achievement of the entire principals and teachers of the country and a bitter lesson to the officials who harass the government servants at the instigation of politicians.