Court to consider Dr Shafi’s motion on March 4
The Court of Appeal ordered a written motion filed by Dr. Seigu Shihabdeen Mohamed Shafi of Kurunegala Teaching Hospital to be appealed on March 4. When the petition was brought before Judge Sobhitha R ajakaruna on Thursday, lawyers for the petitioner, Dr Shafi, said they objected to the conduct of the preliminary disciplinary investigation against his client by the director of the hospital. base of Kurunegala, Dr Chandana Kendagamuwa. Dr. Shafi is seeking an order directing the authorities to pay the salary owed and owed to him, including salary arrears during his suspension from employment.
The petitioner, a gynecologist attached to Kurunegala Teaching Hospital, said he was arbitrarily and illegally placed on compulsory leave from his job without cause and without legal permission. The lawyer for Dr Chandana Kenda gamuwa was a biased person and the Public Service Commission had been informed about him. Additional Solicitor General Sumathi Dharm wardena, appearing for respondents, argued that the Court of Appeal had no jurisdiction to consider a matter before the Public Service Commission under Sections 58 and 61 of the Constitution . After considering submissions from both parties, the judge ordered the motion to be called on March 4. The controversial step to send Dr Shafi on compulsory leave was taken on May 23, 2019, with a revelation made by a major Sri Lankan newspaper that Dr Shafi carried out illegal sterilizations of thousands of women.
In this context, Dr. Shafi was arrested by Kurunegala Police on May 25, 2019 on the charge of illegal acquisition of assets. As a result of the investigations carried out, in June 2019, the Criminal Investigations Department (CID) informed the court that there was no evidence to prove the allegations made against Dr. Shafi Sihabdeen. Subsequently, on July 25, 2019, the Kurunegala Magistrates Court ordered the doctor to be released on bail and further investigations were expedited under the CID. The Public Services Commission in December 2021 decided to reinstate Dr Shafi and instructed the Secretary of the Ministry of Health to pay the arrears of his salary for the period he was sent on compulsory leave.