PROPE PRTIES NOT BEING MADE RESPONDENTS. DISMISSAL OF A JUDGE BY JSC
Court of Appeal – CA/Writ/468/2021 Mohamed Ismail Wahabdeen v. Judicial Service Commission and Others Date of Order: 28.05.2025 Coram: B. Sasi Mahendran, J. and M.C.B.S. Morais, J. Summary: The Petitioner, a former Magistrate, sought writs of certiorari and mandamus to quash the dismissal decision of the Judicial Service Commission (JSC) and to compel reinstatement. The court had earlier issued notice only to the 5th Respondent, the Secretary to the JSC. The preliminary objection was taken that the application was not maintainable, as the proper authority—the JSC—was neither made a party nor served notice. The Court held that, under the Constitution, the Secretary does not possess the power to reinstate a judicial officer. Consequently, granting the relief prayed for would be futile. The Court dismissed the application upholding the preliminary objection. ⚖️ Principle of Law Established in This Case: Writs of certiorari and mandamus will not lie where the proper respondent is not ...