Legality of acting appointments in Government institutions

It was reported recently quoting a Constitutional Council member that the Attorney General Department has advised the CC that an acting appointment could not be made in absence of a permanent office holder.

The AG had given this advice when the CC suggested that retired IGP C.D. Wickramaratne could be appointed as an acting IGP. While giving this advice, the AG had also admitted that there were many acting heads in Government institutions where permanent office holders were not available. This is an open admission by the AG department that nearly all acting appointments in Government institutions are illegal. The Public Service Commission has done these appointments.

What the AG has advised to the CC is that an acting appointment cannot be done just to a cadre vacancy. A permanent office holder should be there and in his absence only it could be done.

These days, to my understanding, nearly all heads of departments in Sri Lanka are acting in the absence of permanent office holders. Politicians benefit here because they can appoint their stooges and they deliberately block the appointment of permanent heads of departments. For instance the department I worked for was headless for two decades.

According to the AG instruction to the CC, these acting appointments are null and void and bad in law but such appointments still continue. 

M.A. Kaleel

Kalmunai – 5