[1993]DLHC10260March 22, 1993High Court

REPUBLIC vs. CENTRAL DISCIPLINARY BOARD; EX PARTE TSAWODZI

I preface this ruling with quotations from opinions of Lord Denning M.R. and Lord Reid which are in point here. The observation of Lord Denning M.R. appears in R. v. Kent Police Authority; Ex parte Godden [1971] 3 W.L.R. 416 at p.421, C.A. There the Master of the Rolls stated that "decisions leading to compulsory retirement are of a judicial character and must conform to the rules of natural justice." Lord [p.301] Reid's opinion appears in Ridge v. Baldwin [1964] A.C. 40 at p. 65, H.L. where he said that "dismissal from an office where there must be something against a man to warrant his dismissal" may only be carried out in accordance with the rules of natural justice. The applicant, a police officer, had the misfortune to be involved in a brawl when lawfully assisting in the collection of basic rates. He was convicted by the District Magistrate, Ho, on 13 June 1972 for assault contrary to section 84 of the Criminal Code, 1960 (Act 29), and fined ¢40.00. The applicant's misfortu....