REPUBLIC vs. INSPECTOR-GENERAL OF POLICE AND OTHERS; EX PARTE APEANING [1983]DLHC986

Date	1983-07-28
Suit No.
Citation No.	[1983]DLHC986

ANSAH-TWUM J

DR TACKIE-OTOO FOR THE APPLICANT.

TIMOTHY AHLIJAH CHIEF STATE ATTORNEY FOR THE RESPONDENTS.

[1983]DLHC986
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

REPUBLIC <o:p></o:p>

{HIGH COURT, SEKONDI} <o:p></o:p>

[1984-86] 1 GLR 273<o:p></o:p>

DATE:
28TH JULY 1983<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">

DR
TACKIE-OTOO FOR THE APPLICANT. <o:p></o:p>

TIMOTHY
AHLIJAH, CHIEF STATE ATTORNEY, FOR THE RESPONDENTS.<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 0in 0in">

ANSAH-TWUM J<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANSAH-TWUM J.<o:p></o:p>This is
an application for an order of certiorari to quash the decision of the
Inspector-General of Police, dated 3 November 1982, against the applicant
herein, whereby the applicant was reduced in rank from Inspector to Sergeant
and placed on the maximum scale of General Police Sergeant.<o:p></o:p><o:p>&nbsp;</o:p>The brief
facts of the case as they appear in the affidavits filed in support of the
application are that a service inquiry was held over an alleged misconduct of
the applicant, and the applicant was found guilty of misconduct contrary to
section 17 (k) of the Police Service Act, 1970 (Act 350) by the Operational
Disciplinary Advisory Committee. It appears that the disciplinary advisory
committee being minded to impose a “major penalty” referred (I believe under
section 19(5) of Act 350) the decision to the Inspector-General of Police
inviting him to exercise his powers conferred upon him under regulation 3A of
the Police Force (Disciplinary Proceedings) Regulations, 1974 (LI 993) as
inserted by the Police Service (Disciplinary Proceedings Amendment)
Regulations, 1977 (LI 1104). Now regulation 3A of LI 993 as inserted, provides:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“3A.
Notwithstanding the provisions of regulation 3 of these Regulations, a major
penalty shall not be imposed on a police officer not below the rank of
Inspector, without the prior written approval of the Inspector-General of
Police.”<o:p></o:p><o:p>&nbsp;</o:p>In the
exercise of the power conferred upon him by regulation 3A of LI 993, the
Inspector-General of Police did therefore upon that reference review the
service inquiry’s decision and gave the following written approval dated 3
November 1982.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“REVIEW
OF SERVICE ENQUIRY PROCEEDINGS BY THE DISCIPLINARY BOARD” Following a service
enquiry held into your conduct by the Operational Disciplinary Advisory
Committee in accordance with regulations 4 (3) (c) of the Police Service
(Disciplinary Proceedings) Regulations, 1974 (LI 993) on a charge of misconduct
contrary to section 17(k) of Act 350, I have, after reviewing the record of proceedings
and considering the findings of the adjudicating officer, imposed a sentence of
reduction in rank and to be placed on maximum scale of general police sergeant,
on you, in exercise of the power vested in me under the Police Service
(Disciplinary Proceedings Amendment) Regulations, 1977 (LI 1104). 2. If you are
aggrieved by the sentence or dissatisfied with the manner in which the inquiry
was conducted and wish to appeal to the Police Council, you may do so, provided
that notice of intention to appeal is given and the grounds in support thereto
are submitted within six weeks from the date on which this decision is
communicated to you. (Sgd) R K KUGBLENU Inspector-General of Police Ghana”<o:p></o:p><o:p>&nbsp;</o:p>Learned
counsel for the applicant has urged that the punishment imposed here must not
be allowed to stand because since the applicant was dealt with summarily, the
imposition of a major penalty was illegal and must be quashed. Counsel referred
to section 18 (2) of Act 350 which provides: “For the purposes of this Act,
dismissal, removal and reduction in rank shall be treated as major penalties
and all other penalties shall be treated as minor penalties.” The learned chief
state attorney for the respondent, who concedes the points raised by counsel
for the applicant concerning the Inspector-General of Police’s approval quoted
supra, wishes it to be recorded that the applicant did not provide any evidence
in the course of this application to show that the disciplinary proceedings
which terminated before the Inspector-General of Police were summary only.<o:p></o:p><o:p></main>