''The
Secretary to the MoD and UD not being a permanent employee from public service,
we are aware his case can not be dealt with, as in the case of any other such
public officer. Yet your responsibility demands you to raise the issue and
request the appointing authority to take appropriate action according to the Establishment
Code and relevant Public Administration Circulars. As far as our interpretation
of the said rules and regulations are concerned, he has to be removed from
service if proven guilty and his pension, eligible after 05 years of continuous
service, has to be withdrawn. ''
18
February, 2014
Mr. Mahinda Deshapriya
Commissioner of Elections
Elections
Secretariat
Rajagiriya.
Dear Sir,
Request to initiate
action against Secretary to MoD and UD
for participating in
election campaigns
You
are well aware by now that Secretary to the Ministry of Defence (MoD) and Urban
Development (UD), Mr. Gotabhaya Rajapaksa has participated in the launch of the
election campaign of the Colombo District
Jathika Hela Urumaya nominee Udaya Gammanpila, a candidate for the
provincial council elections for the Western Province, on the the UPFA list, at
the Sri Lanka Foundation Institute on 13 February, 2014.
The
law is quite clear about senior public service officers taking part in
political activities. All officers from staff grade and above are prohibited in
taking part in political activities including attending any event that can be
identified by the public as political.
Your
attention is therefore drawn to Establishment Code Volume I and Public
Administration Circular No. 6/2006 that provides for who a public officer is
and Section 11 under the title Grading of Employees that says, tertiary and
senior level officers including Secretaries and special posts at the level of
Ministry Secretaries, placed at a salary level of 4/2006 are in the category of
public officers, debarred from involving or participating in political
activities and or events, that brings disrepute to the public service.
We
as a recognised political party that had contested presidential and
parliamentary elections in the past and contesting the provincial council
elections in the West and the South wish to say, your social responsibility as
Election Commissioner is derived from the fact that you have not only to be
seen as taking every necessary step to hold a free and fair election, but you
also take necessary steps effectively and without delay.
The
issue of Secretary to the MoD and UD, participating in an election campaign
event therefore warrants your immediate intervention. Candidate Gammanpila,
commenting on Secretary MoD and UD participating in his election campaign
event, accepts the said Secretary had participated in similar events even
before. (Refer Ravaya of 16 Feb. 2014, front page main news story)
The
Secretary to the MoD and UD not being a permanent employee from public service,
we are aware his case can not be dealt with, as in the case of any other such
public officer. Yet your responsibility demands you to raise the issue and
request the appointing authority to take appropriate action according to the Establishment
Code and relevant Public Administration Circulars. As far as our interpretation
of the said rules and regulations are concerned, he has to be removed from
service if proven guilty and his pension, eligible after 05 years of continuous
service, has to be withdrawn.
We
are aware you have already taken similar action by referring to the Public
Service Commission (PSC), the participation of a Provincial Secretary at the
farewell party of outgoing Chief Minister of the Southern Province, after the provincial
councils were dissolved.
While
these violations of the law at the highest level of the ministries go
unchallenged, there are many reports of other officials at local level openly
indulging in government party politics, thus making the whole election process
a ruling party sponsored carnival. If Secretaries are also allowed to violate
law publicly and with arrogance, your responsibility and commitment in holding
a free and fair elections, turns out as a sorry debacle. That in turn violates
the right of citizens to partake in a free and fair elections.
We
therefore urge you to immediately intervene in reporting the issue of violation
of law and recommend the Secretary be dismissed forthwith.
Thanking
you,
Yours
sincerely,
Siritunga
Jayasuriya
General
secretary
United
Socialists Party