W.D KPONOR AND AUDIT SERVICE. [1999]DLCHRAJ5724

Date	1999-11-26
Suit No.	Our Ref: CHRAJ 323/05/85
Citation No.	[1999]DLCHRAJ5724

BENJAMIN K. OPPONG

[1999]DLCHRAJ5724
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													<main id="main" class="content" style="min-height: 60rem" >W.D KPONOR<span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050"><o:p></o:p>(PETITIONER)<o:p></o:p>AND<o:p></o:p>AUDIT SERVICE<span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">.<o:p></o:p>(RESPONDENT)<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">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our Ref: CHRAJ
323/05/85&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 26/11/1999<o:p></o:p>

</div>commissioner:<o:p></o:p>DEPUTY
COMMISSIONER (LEGAL/OPERATIONS) FOR COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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REVIEW DECISION<o:p></o:p>

</div>This
is an application for review of an earlier decision of this Commission dated
12th November, 1998. The petitioner filed his petition for reinstatement with
the Commission on 27th March, 1997. The petitioner was the Inspecting Auditor
of the Eastern Regional Audit Service at Koforidua. He was dismissed in 1986
with others following an audit investigation by a Special Task Force.<o:p></o:p>According
to the petitioner, his dismissal was based on the suspicion that he had
benefited from some monies allegedly embezzled by one Joseph Agyeman, the then
Regional Treasury Officer. The petitioner said he denied this allegation and
subsequently petitioned the coordinator of Investigations for a review of his case.
He further said that between April and July, 1988, his case was reviewed by a
Committee chaired by one Mr. J.Q. Laryea. During the review proceedings.<o:p></o:p>&nbsp;Mr. Joseph Agyeman denied giving any part of
the alleged monies to him.<o:p></o:p>The
Commission contacted Mr. Laryea and the coordinator. Revenue Commissioners and
Investigations who constituted the review team for confirmation of the
petitioner's claim that his case was reviewed. We received a letter from the
Serious Fraud Office dated 22nd May, 1997 that they had no record of any review
affecting the petitioner. Hence the Commission's decision to dismiss the
petition for lack of support or cogent evidence on 12th November, 1998. The
petitioner, however, applied for a review of this decision by his letter dated 1st
January, 1999 and provided some additional evidence to assist the Commission.<o:p></o:p>At
the hearing the petitioner called three witnesses.<o:p></o:p>The
petitioner's first witness, W.H.K. Cudjoe, District Assembly, Akatsi testified
that he knew the petitioner at Koforidua where they worked together. He stated
that he was dismissed with some others including the petitioner based on the
report of a Special Task Force that investigated the allegation of embezzlement
in the Audit Service at Koforidua.<o:p></o:p>He
said they petitioned against their dismissals and were made to appear before
another Committee chaired by J.C. Laryea. He further said that Mr. Joseph
Agyeman was brought before this Committee and he confessed that he did not give
any of them any part of the allegedly embezzled money but that he renowned
their names before the Task Force under duress. Mr. Cudjoe said that based on
this confession, the Committee ordered his reinstatement.<o:p></o:p>The
petitioner's second witness, Samuel Yiborku, said he knew the petitioner. They
worked together at Koforidua where he was in the Treasury Division of the
Accountant-General's Department and the petitioner in the Audit Service. He
stated that in July, 1998 they appeared before the Lary</main>