PETER GATOR AND GHANA EDUCATION SERVICE [2001]DLCHRAJ5963

Date	2001-02-22
Suit No.	Our Ref: CHRAJ/161/97/714
Citation No.	[2001]DLCHRAJ5963

BENJAMIN K. OPPONG

[2001]DLCHRAJ5963
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													<main id="main" class="content" style="min-height: 60rem" ><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">PETER GATOR<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><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">GHANA EDUCATION SERVICE<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/161/97/714&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: 22/02/2001<o:p></o:p>

</div>commissioner:<o:p></o:p>BENJAMIN
K. OPPONG 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;
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">DECISION<o:p></o:p>

</div>The
Complainant in his petition of 27th March 1997 prayed this Commission to
investigate the circumstances leading to the deletion of his name from the
Respondents payroll.<o:p></o:p>He stated that he was a trained teacher
with the grade of Assistent Superintendent of Education, in 1986, he was
offered an appointment as the Volta Regional Organiser of the CDR. He was later
in 1987 released back to the Regional Director of Education for reposting to
the Ghana Education Service (GES).<o:p></o:p>He
claimed that whilst awaiting his appointment letter, he was picked up by the
BNI and detained for 6 weeks. At the time of his release from custody, he still
had not been posted. He stated further that he contacted the Roman Catholic
Unit to which he had been released and was told that his file was missing, that
the Ghana Education Service could not find the right scale on which to place
him.<o:p></o:p>He stated also, that in 1988 his name was
deleted from the Respondents payroll.<o:p></o:p>He
therefore asked this Commission to order his reinstatement with the requisite
rank and also for the payment of all arrears of salary from January 1988 to
date together with all accrued increases in salary<o:p></o:p>The
Respondent in its comments stated as follows:<o:p></o:p>l.
The Complainant's file was never lost as he alleged.<o:p></o:p>2.
He could have collected his release letter from the Regional Education Office
to be handed over to the Catholic Unit but failed to do so.<o:p></o:p>3.
The Complainant never reported his alleged arrest or detention by the BNI to
the Respondent.<o:p></o:p>4.
He had stayed at home for 10 years before bringing his petition. Whereas
absenting oneself from duty for 10 days without permission was deemed to be
vacation of post.<o:p></o:p>The
Respondent contended also that the Complainant's absence from work was not the
fault of the Ghana Education Service. He could be reinstated but not with the
reliefs he was demanding.<o:p></o:p>The
Commission constituted a panel to hear this case. </main>