Court issues interim order staying appointment to tender board of Lanka Mineral Sands

By S.S. Selvanayagam

The Court of Appeal last week restrained a directive made by the Secretary to the Ministry of Industry and Commerce regarding the appointment of the Departmental Tender Board by the ministry.

The bench comprised justices A.H.M.D. Nawaz (CA Acting President) and E.A.G.R. Amarasekera.

The Chairman of Lanka Mineral Sands Ltd. (LMSL), who was the competent authority appointed on 7 February 2017, filed a case against the Secretary, Acting Secretary, Additional Secretary (Re-structuring) and General Manager to the Ministry of Industry and Commerce. 

Court issued interim orders suspending the appointment of the Departmental Tender Board by the Ministry of Industry and Commerce dated 10 July 2017 and restraining the General Manager of LMSL from functioning as the Chairman of the Departmental Tender Board of LMSL until the final hearing and determination of this application.



Court also issued another stay order restraining the Secretary and Acting Secretary to the Ministry of Industry and Commerce from functioning or constituting a Departmental Tender Board of LMSL without appointing the Chairman of LMSL/Head of the Institution as the Chairman to the Departmental Tender Board of LMSL.

Furthermore, Court issued a stay order restraining the Secretary to the Ministry of Industry and Commerce from cancelling the appointments of Devaka Wickramasuriya, Sunil Wickramasinghe, Chula Madugalle, T.S.H. Jayasiri and U.S.B. Wijesingha to LMSL until the final hearing and determination of this application.

Farman Cassim with Shantha Jayawardene and Charaka Jayaratne instructed by Sanath Wijewardane appeared for the petitioner.