The writ petition filed by Dr Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients, was today fixed for support by the Court of Appeal.
Through the petition, Dr Shafi seeks an order directing the authorities to pay the salary due to him, with back wages.
Court of Appeal Justice Sobhitha Rajakaruna fixed the petition for support on March 4.
Meanwhile, the Court of Appeal declined to issue an order directing the Director of Kurunegala Teaching Hospital, Dr Chandana Kendangamuwa, not to conduct the preliminary inquiry against Dr Shafi.
Counsel Pulasthi Rupasinghe appearing for the aggrieved party, sought an undertaking not to conduct the preliminary inquiry, scheduled for February 19.
Additional Solicitor General Sumathi Dharmawardena PC appearing for the AG raised objections stating that the Court of Appeal has no jurisdiction to interfere with an inquiry directed by the Public Service Commission in terms of Article 58 and 61 of the constitution. The petitioner gynecologist, attached to the Kurunegala Teaching Hospital, said that he was under compulsory leave from his employment without a just cause and legal authority.
Director of Kurunegala Teaching Hospital Dr Chandana Kendangamuwa, Dr A. M. S. Weera Bandara, Former Director of Kurunegala Teaching Hospital, Health Minister Keheliya Rambukwella, Secretary to the Ministry of Health Dr S. H. Munasinghe, Director General of Health Services Dr Asela Gunaratne are respondents in this case.
The petitioner said he was a victim of a hateful, malicious and racially charged propaganda campaign, that he was allegedly conducting sterilisation procedures on females which would render females barren.
The petitioner stated that said allegations were disputed, as unscientific and false contemporaneously by experts in Gynecology and Obstetrics.
The petitioner states that in terms of section 20.2 of the Establishments Code, he is entitled to receive his salary for the period he was on compulsory leave.