REPUBLIC vs. CHIEF FIRE OFFICER EX PARTE AZAGBA [1979]DLHC1103

Date	1979-03-08
Suit No.
Citation No.	[1979]DLHC1103

MENSA BOISON J.

THAM FOR THE APPLICANT.

MISS AMASSAH SENIOR STATE ATTORNEY FOR THE RESPONDENTS.

[1979]DLHC1103
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>CHIEF FIRE OFFICER EX PARTE AZAGBA<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1978] GLR 213<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
8 MARCH 1979<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

THAM FOR THE APPLICANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MENSA BOISON J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.<o:p></o:p>The applicant
asks for an order of mandamus to issue to compel the Chief Fire Officer to
furnish the applicant with copies of the record of proceedings of a
disciplinary tribunal which adjudged the applicant guilty of misconduct,
resulting in his dismissal from the National Fire Service (hereafter referred
to as the service).<o:p></o:p><o:p>&nbsp;</o:p>The
affidavit in support states that the applicant was an assistant divisional fire
officer in the service. Sometime in October 1978 he appeared before a
disciplinary tribunal, constituted under the Fire Services Regulations, 1965
(LI 561), to answer charges of misconduct under regulations 19 of the
regulations. Upon the decision of the Chief Fire Officer as the disciplinary
authority to dismiss him, the appealing against the decision of the
disciplinary authority. The Chief Fire Officer denied the request on the ground
that the regulations did not oblige him to do so, except to notify the decision
of the tribunal to the applicant.<o:p></o:p><o:p>&nbsp;</o:p>As
already mentioned, the proceedings of the disciplinary tribunal are governed by
the Fire Services Regulations, 1965. Regulations 20 and 22 (3) provide that:<o:p></o:p>“20. A
member of the Service charged with an offence under regulation 19 shall be
liable to appear before a Disciplinary Tribunal consisting of one or more
officers not below the rank of Assistant Divisional Officer appointed by the
Chief Fire Officer.” “22. (3) The Disciplinary Tribunal shall, after a hearing
record its findings and as soon as practicable cause its decision to be
notified in writing to the person charged.”<o:p></o:p><o:p>&nbsp;</o:p>Provision
is also made under regulation 24 for an appeal from the decision of the said
tribunal to the minister whose decision shall be final. It is in exercise of
this right, given by regulation 24, that the applicant demanded but was refused
copies of the aforesaid proceedings.<o:p></o:p>On the
submission of learned counsel for the respondent, the first respondent by
virtue of regulation 22 <o:p></o:p>(3) of
L.I. 461 is relieved from any obligation of supplying the applicant with a copy
of the proceedings when demanded. In counsel’s view the charge sheet, of which
the applicant had a copy, and the decision as notified under regulation 22 (3)
were adequate for all purposes of an appeal to the minister, which takes the
form of a petition.<o:p></o:p><o:p>&nbsp;</o:p>It was
her further submission that the regulations having effectually provided for
what is necessary for the process of appeal, there was no room left to
supplement the provisions of L.I. 461 with any provisions of the Civil Service
(Interim) Regulations, 1960 (L.I. 47).<o:p></o:p><o:p>&nbsp;</o:p>The
provisions of L.I. 47 are brought into play by incorporation under regulation
27 of L.I. 461 which provides, “Except where otherwise in</main>