DailyMirror
The Supreme Court yesterday (10) re-fixed for support on June 21 the fundamental rights petition filed by the Chairman and two Commissioners of the Bribery Commission complaining of alleged salary anomalies and non-payment of salary arrears owed them from January 1, 2006 to the end of January 2009.
The Bench comprised Justices Shirani A. Bandaranayake, K. Sripavan and S.I. Imam.
The Petitioners, who served five-year terms in the Bribery Commission that ended its term on February 28, complained to the Supreme Court against its incumbent Director General. They had also complained against her for the alleged anomalies in the computation of their payments for their fuel entitlements, which should have been 250 litres per month each, but was instead given to them as a fixed fuel allowance of Rs 7,000.
The Petitioners, Justice Ameer Ismail (President) as well as two other Commissioners, Justice Punyadasa and Indra de Silva (Retired IGP) cited Director General Mrs Luckshmi Jayawickrema and Deputy Director (Finance) Ms E.D. Kumudu of the Bribery Commission as well as President’s Secretary Lalith Weeratunga, Director General (Budget) attached to the Finance Ministry, Ms Sudharma Karunaratne and the Attorney General as Respondents.
President’s Counsel Faisz Musthapha instructed by Gowry Shangary Thavarasha appeared for the Petitioners. Kalinga Indatissa with Rakhitha Abeygoonawardane appeared for the first two Respondents. Meanwhile, Deputy Solicitor General Shavindra Fernando appeared for the Attorney General.
The Petitioners pointed out that following repeated requests made by the First Respondent Mrs Jayawickrema to the Attorney General to clarify the payment of the increased salary from 2006, the Attorney General had already stated that the Petitioners were entitled to the payment of the same.
They alleged that the conduct of Mrs Jayawickrema was due to her general inefficiency and incompetence on her part, and if not, a deceitful and deliberate abuse and misuse of power to delay a legitimately earned payment causing the Petitioners much financial loss.
They stated that the salaries of the Chairman and members of the said Commission had been determined by Parliament and charged to the Consolidated Fund and cannot be diminished during their term in office. They stated that by a letter dated 11.02.2009 the President’s Secretary informed the Commission that Parliament had made a fresh determination on 29.01.2009 increasing the salary and allowances payable to the Chairman and Members of the Commission. They alleged that they were paid the said increased salary with effect from February 2009 until their term of office ended on 28.3.2010. However, in terms of the Parliamentary determination, they are also entitled to arrears after the increase in their salaries from 1.1.2006 ending in January 2009, but they claimed that they had not been paid the said arrears.
They also complained that commencing February 2009, the fuel allowance of 250 litres per month as directed by the President was not paid to them and instead they were only paid the fixed fuel allowances of Rs 14,400/12,000 per month. They allege that apart from the anomaly in the payment of their fuel allowance, the Director General and the Deputy Director (Finance) of the Commission have arbitrarily, capriciously, unreasonably and maliciously computed the arrears of salary payable to them from 1.1.2006 to 29.1.2009 to their detriment.