The Court of Appeal yesterday issued a stay order suspending the operation of the decision of the University Council of the Ruhunu University, to remove Dr. H. M. K. K. Pathirana from the post of Head of the Department of Chemistry, and appoint, Professor R. N. Pathirana to act for him pending an inquiries into the complaint made against him by some Senior Lecturers and counter complaints by him.
The petitioner Dr. Hema Malino Pathirana is the Associate Professor of the Department of Chemistry of the Ruhunu University. A group of senior lecturers had agitated for her removal from the post consequently the University senate had decided to inquire into the issue.
On January 5, 2006 the Vice Chancellor had informed the petitioner that she had been removed from post of Head of the Department of Chemistry until the inquiry is over. The petitioner had complained to the court of appeal, that the petitioner was not charge sheeted and not given a chance to explain her side of the story, she had said that the decision to remove her is arbitrary, mala-fide and illegal she had requested the court to quash the aforesaid decision to remove her from the post of Head of the Department of Chemistry.
The petition was supported by Faiz Mutapha PC, appearing with Mr. Faizer Marikar and Chanaka Amerasinghe, instructed by Sanjeewa Kaluarachchi. Notice was issued on the Vice-Chancellor of the Ruhunu University and the Senate returnable on March 1, 2006. The Bench comprised Justice K. Sriparan and Justice Sisira de Abrew.