EDWARD C.K. ASANTE AND OFFICE OF THE HEAD OF CIVIL SERVICE [2009]DLCHRAJ5996

Date	2009-11-09
Suit No.	CHRAJ/3520/2003/1471
Citation No.	[2009]DLCHRAJ5996

JOSEPH WHITTAL

[2009]DLCHRAJ5996
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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">EDWARD C.K. ASANTE<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">OFFICE OF THE HEAD OF CIVIL SERVICE<o:p></o:p>(RESPONDENTS)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
mso-border-bottom-alt:solid windowtext .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">CHRAJ/3520/2003/1471&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; 9-11-2009<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>FACTS <o:p></o:p>The complainant until his voluntary retirement was the Registrar
of the Upper East Regional House of Chiefs secretariat. He alleged that
following an allegation of financial impropriety leveled against him the
Chieftaincy secretariat caused him to be investigated by the Serious Fraud
Office. This investigation covered the period when he<a name="_gjdgxs"></a> was
stationed at the Ashanti Regional House of Chiefs secretariat. Consequently he
was transferred to the Central Regional house of chiefs. According to the
complainant before he assumed duty he was informed to revert back to his former
post. However certain members of the Ashanti Regional House of Chiefs objected
to his coming back. The complainant alleged that "As [sic] result
therefore, I did not go to work for almost two years'. Subsequently in 9th
March 2001 a Disciplinary Committee was set up which enquired into allegations
of misconduct against the complainant and having being found culpable, a
disciplinary award was made against complainant, to wit, to pay back salaries
received for the period he absented himself from work without authority, pay
all outstanding bills in respect of his residential accommodation and was severely
reprimanded. Aggrieved by this the complainant in a complaint dated 20
December, 2002 petitioned the Commission to look into the disciplinary award
made against him as it appears to be harsh considering the circumstances of the
matter.<o:p></o:p>FINDINGS/OBSERVATIONS <o:p></o:p>The Commission observes that
the disciplinary award was made in June 2001 and the complainant petitioned the
Commission in December 2002. It took the complainant more than 12 months to
petition the Commission after he became aggrieved with the said action of
respondents. In other words complainants' right to petition CHRAJ accrued more
than 12 months ago. Section 13 (2) a
of the COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT, 1993(ACT 456)
provides that:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;text-indent:.2pt;mso-pagination:none;
border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">"The Commission may
refuse to investigate or cease to investigate any complaint; if the complaint
relates to a decision, recommendation, act or omission of which the complainant
has had knowledge for more than twelve months before the complaint is received
by the Commission..."<o:p></o:p>The instant matter relates to
an act of which the complainant has had knowledge for more than twelve months
before the complaint was received by the Commission. Consequently, the matter
is statute barred.<o:p></o:p>Be that as it may the Commission finds that:<o:p></o:p><ol style="margin-top:0in" start="1" type="1">
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">the Disciplinary committee was
 legally constituted; <o:p></o:p></li>
 <li class="MsoNormal" style="text-align: justify; border: none;"><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;">the exercise of their power was not
 arbitrary, abusive or excessive; <o:p></o:p></li>
 <li class="MsoNormal" style="margin-bottom: 5pt; text-align: justify; border: none;"><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;">the award made against
 the complainant was not against the weight of the evidence found. Indeed
 the complainant in his petition to CHRAJ admitted at paragraph 6 of page 2
 that "As [sic] result therefore, I did not go to work for almost two
 years". What he failed to establish was whether his leave of absence
 for the years in question was with authority. <o:p></o:p></li>
</ol>It is the Commissions' opinion that complainant was not entitled
to receive salary for no work done and therefore if he did, it was right,
proper and lawful for him to refund it or have it deducted from his benefits.
The Commission therefore considers the action of the respondents as proper,
lawful and appropriate.<o:p></o:p>DECISION <o:p></o:p>