The Court of Appeal (CA) has issued a writ order cancelling the decision made to appoint S.M.P. Suriya Bandara as the Director General (DG) of the Road Development Authority (RDA) last year (2024).

The CA also directed the RDA and the Minister of Transport and Highways to appoint K.W. Kandambi as the DG, effective from 5 March of last year.

The order was delivered by the CA bench comprising the Acting President of the Court M. Tahir Mohammed Laffar and Justice K.M. Sarath Dissanayake, following the hearing of a writ petition filed by Kandambi, challenging the appointment.

President’s Counsel Faiszer Musthapha, appearing on behalf of the petitioner, informed the Court that his client is a civil engineer and an experienced staff member who has served the RDA for nearly 23 years. He also pointed out that examinations were held for the post of the DG of the RDA, and that the petitioner had obtained 61 marks in the interview. 

However, despite receiving fewer marks than the petitioner, Suriya Bandara was appointed to the position on 5 March 2024, according to the decision taken by the RDA, Musthapha noted. He further argued before the bench that appointing a candidate who scored fewer marks than his client was against the law and hence requested an order to nullify that decision.

Considering the facts presented, Justice Laffar stated in delivering the judgment that the respondents had acted in violation of the appointment procedures during the recruitment process. Accordingly, the Court bench determined that the process was entirely unlawful and subsequently issued the relevant orders.