M/s Vasudeva Nanayakkara and Nihal Sri Amerasekera have to be commended for their public spiritedness in raking up questionable deals relating to the disposal of state property. VN has, according to The Island of August 15, 2008, put the Attorney-General on notice that he would initiate contempt proceedings in the Supreme Court against the IGP, DIG (CID), Chairman of the Bribery Commission and the DG of the Securities Exchange should they fail to act on the SC ruling on the Lanka Marine Services deal.

The pivotal figure in this saga is Dr. P. B. Jayasundera, the then PERC Chairman and currently Secretary to the Treasury, who has been faulted by the SC and ordered to pay compensation in Rs.5 lakhs to the state, which he is reported to have complied with.

Impliedly, certain government agencies named need to take follow-up action in the nature of further investigations leading to framing of charges if appropriate. A specific finding and order have been made available by the SC against Dr. PBJ, and the general contention is that he should be disciplinarily dealt with as any other public officer. He is reported to have submitted his resignation, which has apparently not been accepted so far by the President, who is the appointing authority. Whether the President is pondering the propriety in accepting a resignation of a public officer, without disciplinary procedure, or whether the President has no intention of losing his services is anybody’s guess.

The Presidential Adviser is near and dear to the President and should be in a position to know his mind. The ethics, morality and disciplinary aspects of the episode are quite another matter and is not relevant to the issue that is being raised (in the public interest) in this discourse.

Dr. PBJ’s case for continuance in office is not capable of being considered in isolation of the further investigations and action expected of the officers named by VN. The President enjoys immunity from legal action in terms of Article 35 of the Constitution. There is nothing that anybody could do to force his hand. VN seems to be skating on thin ice. The officers named are in an unenviable position as some of them are apparently the President’s nominees and in any case, the President is the Head of State. The stone aimed at the officers named must necessarily ricochet towards the President. The question arises, therefore, whether as in the case of Dr. PBJ regarding whom criticism exists as to his exalted position coming into play vis-à-vis lesser mortals in the public service, who have to face disciplinary procedure, VN also enjoys a similar privilege in that he being an Adviser to the President drawing an attractive remuneration from the Consolidated Fund and coming within the definition of "public officer" as per Article 170 of the Constitution is entitled to question covertly or overtly the President or to cause embarrassment to the government in anyway which lesser mortals in the public service are not entitled to do without being called to order.

What is sauce for the goose is sauce for the gander. This is not the first time, I believe, he has chosen to take the government to task, but has got away with it so far. His altruistic intentions are laudable and deserve encores, but he has to choose between eating the cake and having it if he wishes to claim immunity from the public service codes of conduct.

VN being an adviser to the President has all the opportunity to advise the President in regard to the action to be pursued administratively. The fact is that a public officer’s rights as a citizen are circumscribed by codes as long as he remains one.