The Supreme Court ruled on Wednesday (23) that the category of “special promotion,” which granted discretionary power to the IGP in a 2020 recruitment scheme, violates police officers’ fundamental rights.
The Supreme Court’s three-judge bench, comprising Justices Gamini Amarasekara, Kumuduni Wickremasinghe, and Mahinda Samayawardena, delivered this judgement in connection with two fundamental rights applications filed by 164 Sub Inspectors of Police.
The Supreme Court held that the discretionary power granted to the IGP in respect of the special promotion category, which comprises 12.5% of the total vacancies, is violative of the fundamental rights of the petitioners guaranteed by Articles 12(1) and 14(1)(g) of the Constitution.
The Police Sub Inspectors filed these petitions, making the IGP and the members of the Public Service Commission (PSC) respondents, alleging violation of fundamental rights guaranteed under Articles 12(1) and 14(1)(g) of the Constitution by the adoption of the Scheme of Recruitment for promotion from the rank of Sub Inspector to the rank of Inspector of Police.
However, the Supreme Court further held that the seniority category, limited examination category, and merit category stipulated in the Scheme of Recruitment are not violative of Articles 12(1) and 14(1)(g) of the Constitution.
