SETH APPIAH SARFO vs. THE CHIEF FIRE OFFICER GHANA NATIONAL FIRE SERVICE ACCRA [2006]DLCA6964

Date	2006-02-03
Suit No.	CIVIL APPEAL NO. H1/256/05
Citation No.	[2006]DLCA6964

OWUSU (M/S) J.A. (PRESIDING)

KANYOKE J.A.

KUSI-APPIAH J.A.

[2006]DLCA6964
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													<main id="main" class="content" style="min-height: 60rem" >SETH APPIAH SARFO<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE CHIEF FIRE OFFICER GHANA NATIONAL FIRE SERVICE ACCRA<o:p></o:p>(DEFENDANT/RESPONDENTS)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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APPEAL NO. H1/256/05&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: 3RD FEBRUARY, 2006<o:p></o:p>

</div>CORAM:<o:p></o:p>OWUSU
(M/S) J.A. (PRESIDING), KANYOKE J.A., KUSI-APPIAH J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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</div>KUSI-APPIAH,
J.A.:<o:p></o:p>&nbsp;This is an appeal from the decision of the
High Court, Cape Coast, delivered on 9th March 2005. It is mainly an action for
wrongful dismissal of the plaintiff by the defendant. The defendant denied that
their dismissal of the plaintiff was wrongful and they have sought to justify
it. What then are the facts of this case? <o:p></o:p>The
plaintiff, Appiah Sarfo, joined the Ghana National Fire Service in 1992 as a
recruit fireman. He was first stationed at Cape Coast. On 19th August 2002, he
was transferred to Kintampo in the Brong Ahafo Region. The transfer took effect
from 16th September 2002. According to the plaintiff, he reported at Kintampo
only to realize that no accommodation had been provided for him in accordance
with the Fire Service Regulations. He claimed that after sleeping on the bare
floor at the Kintampo Fire Service Station for three days, he sought permission
from the District Fire Officer to come back to Cape Coast were he reported to
the Regional Fire Officer. He then initiated some moves including petitions and
personal contacts to his employers (i.e. the chief fire officer) and Commission
on Human Rights and Administrative Justice (CHRAJ) to provide him with a
service transfer vehicle or the decision to transfer him rescinded. On 15th
April 2003, the plaintiff was dismissed from the Fire Service for vacating his
post. <o:p></o:p>Dissatisfied
with his dismissal, the plaintiff took action against the defendant in the Cape
Coast High Court, claiming:—<o:p></o:p>&nbsp;" (a) A declaration that his dismissal
from the Ghana National Fire Service was wrongful. <o:p></o:p>(b) An order for his re-instatement
into the Ghana National Fire Service together with his promotion and
all-entitlements OR IN THE ALTERNATIVE<o:p></o:p>&nbsp;(c) Damages for wrongful dismissal."<o:p></o:p>&nbsp;I will refer to the parties in the manner they
appeared at the court below. <o:p></o:p>The
defendant resisted the claim. After hearing evidence from the parties, the
trial Judge held that there was no merit in the plaintiffs case and therefore
dismissed his claim.<o:p></o:p>&nbsp;It is against this judgment that the plaintiff
has appealed to this court. Three grounds of appeal were filed and argued. They
are as follows:—<o:p></o:p>&nbsp;(1) The Learned trial Judge erred in law by
holding that the plaintiff did not deserve to be given hearing as stipulated in
the Legislative Instrument L.I. 461 which governs the rules of service of the
Ghana National Fire Service.<o:p></o:p>&nbsp;(2) The judgment is against the weight of
evidence led at the trial.<o:p></o:p>&nbsp;(3) The judgment and findings made have no
basis in law. <o:p></o:p>Arguing
grounds (1) and (3) together Learned Counsel for the plaintiff submitted that
it was wrong for the High Court to have concluded that the dismissal of the
plaintiff from the employment of the defendant was in accordance with the Fire
Service Regulations, 1965, L.I. 461. He contended that the dismissal of the
plaintiff from the employment of Ghana National Fire Service by the defendant
is unlawful and wrongful because the defendant had not observed the laid down
disciplinary procedures. He maintained that the combined effect of Regulations
19(b) and 20 of (Fire Services Regulations 1965) L.I. 461, the erring employee
must be given a fair hearing before a Disciplinary Tribunal before a penalty is
imposed on him when found guilty of the charge. The plaintiff contended further
that his dismissal without a hearing before the Disciplinary Tribunal as spelt
out in Regulation 20 of L.I. 461 is not only unlawful, but also sinned against
the natural justice rule. He therefore concluded that the learned Judge erred in
law when he held that the plaintiff did not deserve to be given a hearing which
is contrary to Regulations 20 of L.I. 461 which governs the Ghana National Fire
Service. <o:p></o:p>The
defendants stated otherwise. They contended that the plaintiff's transfer to
Kintampo took effect from 16th September 2002. However, he reported for duty on
22nd January 2003 and left on 25th January 2003. In effect, the plaintiff had
been absent from duty without permission for (128) one hundred and twenty-eight
days before he reported at his new post at Kintampo. According to the
defendants, from 26th January to 13th April 2003, that is when he left his new
station till his dismissal, the plaintiff was again absent from duty without
permission for (78) seventy-eight days. The result is that the plaintiff has
been absent from duty for a total of two hundred and six (206) days. The
defendants argued that by vacating his post for two hundred and six days, the
plaintiff has removed himself from the ambit of Regulations 19(b) and 20 of L.I.
461 of 1965. And such long absence from duty, may give the employer the right
to terminate the employee's appointment summarily. They cited the case of OWUSU
AFRIYIE VRS STATE HOTELS CORPORATION [1965] 1 GLR 255 to support their stand.
The defendants maintained that the plaintiff refused to comply with the orders
of the defendants after re</main>