Promotions without structured marking scheme: CA issues notices on Central Bank Governor et al 

By S.S. Selvanayagam

The Court of Appeal issued notices returnable for 12 December against the Monetary Board, the Governor of the Central Bank, the Attorney General and 15 other respondents in respect to the writ petition filed by the Director of the Financial Intelligence Unit of the Central Bank.

The bench comprised Justices L.T.B. Dehideniya (CA President) and A.L.S. Gooneratne.

Petitioner Dr. H. Amarathunge filed his writ application with regard to six promotions made to the post of Assistant Governor of the Central Bank.

Sanjeeva Jayawardena PC with Lakmini Warusevitane, instructed by Sanjeewa Kaluarachchi, appeared for the petitioner.

The petitioner states that in the interests of all employees of the Central Bank a structured marking scheme should be afforded with full publicity and should be subjected to a detailed and objective assessment of suitability in a manner with inalienable principle of the rule of law, due process, public trust and transparency in appointments to and within the public sector.

If it is not done, then substandard candidates can be appointed in lieu of independent, honest, qualified and suitable officers who will not succumb to extraneous pressures or the irregular dictates of superiors, he states.

He is asking the Court to issue an order directing the respondents to formulate or approve the amended scheme of promotion based on an objective criterion and indicia of selection and assessment. He is also asking the Court to direct that the interviews should not be conducted without the participation of the independent member of the interview panel to ensure balance, objectivity and transparency and confidence in the process.

He seeks the Court to stay the operation of the impugned appointment letters until the final determination of his application.