[2012]DLHC4293March 1, 2012High Court

GODWIN KOMLA vs. DIRECTOR BNI ANDTHE ATTORNEY GENERAL

The Plaintiff, Godwin Komla, a former employee of the BNI, was dismissed following disciplinary proceedings by the BNI Disciplinary Board which found him guilty of stealing and misconduct. The Plaintiff contended that the dismissal was wrongful, unlawful, and without jurisdiction, alleging procedural irregularities including lack of fair hearing and improper investigation. The Defendants denied the claims, asserting proper procedure and jurisdiction under relevant laws.

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The Plaintiff, Godwin Komla, a former employee of the BNI commenced the current action against the Defendants by filing writ of summons accompanied by a statement of claim on 11th June, 2009 for the following reliefs: a. A declaration that the Director of the BNI has no jurisdiction to institute and/or investigate and make findings of guilt against the Plaintiff for an alleged offence of STEALING under S 124 (1) of Act 29, 1960. b. A declaration that the purported dismissal of the Plaintiff by the 1st Defendant in a letter dated September 14, 2005 based on the findings of BNI Disciplinary Board, is wrongful in law, sins against the provisions of Sections 76, 77, 78, 80 and 81 of the Civil Service Law, 1993 PNDCL 327, unlawful, void and of no legal effect. c. An order for immediate re-instatement of Plaintiff plus payment of any and ALL benefits, emoluments and promotions lost due to the said purported dismissal. d. Interest on the said benefits, emoluments, salaries, etc lost due...