Parliamentary Commissioner for Administration Act 1981 · As enacted · Part III · Powers, Duties and Functions of the Ombudsman
17. Determination
Feedback & supportOfficial English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
: 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, tecommendation, act or omission which was the subject-matier of the investigation—
was contrary to law ;
was based,-wholly or partly on a mistake of fact or of law ;,
was unreasonable, unjust, oppressive or improperly discriminatory. or otherwise wrong
;
was in aceordance with a practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory ;
‘
N
Parliamentary Commissioner. for Administration
was made or done in the exercise of a discretion—
which has been exercised for an improper wurpose or on irrelevant grounds or by reference to irrelevant considerations, or by failing to take account of material considera-tions
; or
(>) without giving reasons, although reason ought, in the opinion of the Ombudsman, to have been given; or
was unreasonably delayed, and shall report his determination, together with his reasons therefor, to the Public Petitions Committee and may recommend that—
the matter be reconsidered
;
the omission be rectified
;
the decision be cancelled or varied ;
the practice on which such decision, recommenda-tion act or omission was based, be altered ;
reasons be given for such decision, recommendation, act or omission.
The Public Petitions Committee may, after considera-tion of a report made to it by the Ombudsman under sub-section (1), report to Parliament its opinion on the action to be taken on the Ombudsman’s report.
.