Sri Lanka Consolidated Acts

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Parliamentary Commissioner For Administration Act (No. 17 of 1981) - Sect 17

Determination of Ombudsman

17.
(1) Upon the conclusion of his investigation, the Ombudsman. shall determine whether there has been, or is likely to be, any infringement of a fundamental right or other injustice, including the question as to whether any decision, recommendation, act or omission which was the subject-matter of the investigation
(i) was contrary to law ;
(ii) was based wholly or partly on a mistake of fact or of law;
(iii) was unreasonable, unjust, oppressive or improperly discriminatory or otherwise wrong ;
(iv) was in accordance with a practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory;
(v) was made or done in the exercise of a discretion
(a) which has been exercised for an improper purpose or on irrelevant grounds or by reference to irrelevant considerations, or by failing to take account of material considerations ; or
(b) without giving reasons, although reason ought, in the opinion of the Ombudsman, to have been given ; or
(vi) was unreasonably delayed, find shall report his determination, together with his reasons therefor, to the Public Petitions Committee and may recommend that
(i) the matter be reconsidered ;
(ii) the omission be rectified ;
(iii) the decision be cancelled or varied;
(iv) the practice on which such decision, recommendation act or omission was based, be altered;
(v) reasons be given for such decision, recommendation, act or omission.
(2) The Public Petitions Committee may, after consideration of a report made to it by the Ombudsman under sub section (1) report to Parliament its opinion on the action to be taken OR the Ombudsman's report.


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