By Niranjala Ariyawansha-February 20, 2014
While stating that he was ignorant about the fact that Defence Secretary, Gotabhaya Rajapaksa, was ‘public property,’ Western Province Leader of the United People’s Freedom Alliance (UPFA), Udaya Gammanpila, admitted that, it was wrong of him to have invited the Defence Secretary to participate in his political rally.
Gammanpila said that according to the 1978 Constitution, as the post of a Ministry Secretary is only a political appointment, the post is afforded political rights.
The Legal Adviser of the Jathika Hela Urumaya (JHU) was addressing concerns raised in President’s Counsel, Srinath Perera’s letter, which implied that the participation of the Defence Secretary at Gammanpila’s political meeting held in Maharagama last week, was a violation of an Election Law.
Gammanpila added: “According to Article 52 of the 1978 Constitution, the appointment of a ministry secretary is one made by the President. Such appointees stay in that position as long as the President would want them to, similar to chairmen of corporations and other authorities. It is only a political appointment. However, prior to the 1978 Constitution being enacted, the permanent secretary of a ministry was not a political appointee. If the President has to relinquish office, it does not mean that the permanent secretaries of ministries also leave their posts.”
Although activities such as the transfer of government servants, or handling disciplinary inquiries concerning such employees, both of which come under the Public Service Commission (PSC), the PSC has no power to take decisions pertaining to secretaries to ministries.
"As a candidate at the upcoming elections, I inquired from the Elections Commissioner, Mahinda Deshapriya, as to what category of government officers’ don’t have political rights. He told me that staff officers and ministerial officials cannot participate in political meetings. Regardless of my personal opinion, I agreed with him because he is the Elections Commissioner. I didn’t know that Gotabhaya Rakapaksa was ‘public property.’ So I admit my mistake in this regard," Gammanpila further explained.
While stating that he was ignorant about the fact that Defence Secretary, Gotabhaya Rajapaksa, was ‘public property,’ Western Province Leader of the United People’s Freedom Alliance (UPFA), Udaya Gammanpila, admitted that, it was wrong of him to have invited the Defence Secretary to participate in his political rally.
Gammanpila said that according to the 1978 Constitution, as the post of a Ministry Secretary is only a political appointment, the post is afforded political rights.
The Legal Adviser of the Jathika Hela Urumaya (JHU) was addressing concerns raised in President’s Counsel, Srinath Perera’s letter, which implied that the participation of the Defence Secretary at Gammanpila’s political meeting held in Maharagama last week, was a violation of an Election Law.
Gammanpila added: “According to Article 52 of the 1978 Constitution, the appointment of a ministry secretary is one made by the President. Such appointees stay in that position as long as the President would want them to, similar to chairmen of corporations and other authorities. It is only a political appointment. However, prior to the 1978 Constitution being enacted, the permanent secretary of a ministry was not a political appointee. If the President has to relinquish office, it does not mean that the permanent secretaries of ministries also leave their posts.”
Although activities such as the transfer of government servants, or handling disciplinary inquiries concerning such employees, both of which come under the Public Service Commission (PSC), the PSC has no power to take decisions pertaining to secretaries to ministries.
"As a candidate at the upcoming elections, I inquired from the Elections Commissioner, Mahinda Deshapriya, as to what category of government officers’ don’t have political rights. He told me that staff officers and ministerial officials cannot participate in political meetings. Regardless of my personal opinion, I agreed with him because he is the Elections Commissioner. I didn’t know that Gotabhaya Rakapaksa was ‘public property.’ So I admit my mistake in this regard," Gammanpila further explained.
Deshapriya told Ceylon Today, “According to the Elections Act, certain government officers have political rights. However, we would like to remind these officers that no staff officers have the right to be politically involved.”
