DR. KWABENA MINTA AGYIN AND GHANA HEALTH SERVICE [2010]DLCHRAJ5993

Date	2010-04-28
Suit No.	Our Res. CHRAJ 406/2007/600
Citation No.	[2010]DLCHRAJ5993

JOSEPH WHITTAL

[2010]DLCHRAJ5993
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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">DR. KWABENA MINTA AGYIN<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;;
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color:#00B050">GHANA HEALTH SERVICE<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<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">Our Res. CHRAJ 406/2007/600&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;28-4-2010<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>JOSEPH WHITTAL DIRECTOR (LEGAL
&amp; INVESTIGATIONS) For: COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.0pt;
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<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
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padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>INTRODUCTION <o:p></o:p>In a complaint received on
16th July 2007, the Complainant petitioned against his delayed promotion from
the grade of Senior Medical Officer to Principal Medical Officer.<o:p></o:p>FACTS <o:p></o:p>Complainant stated that he was
invited by the Koforidua Regional Health Service for a promotion interview in
December 2005. After the interview he received a letter dated 19th September
2006 from Management asking him to explain reasons for his disrespectful
behaviour at the promotion interview. He submitted his response by a letter
dated 21st September 2006 and was expecting to hear from Management regarding
the outcome of the interview, however, the response never came, hence his
petition to the Commission.<o:p></o:p>FINDINGS<o:p></o:p>Investigations by the Commission revealed that a Committee of
inquiry was constituted to look into an alleged instance of misconduct levelled
against the Complainant. The Committee's report found him culpable and
recommended his release from the Ghana Health Service. The Management of the
Service approved the report and by its letter dated 28th April 2008 directed
that the Complainant be released. It is interesting to note that the
Complainant never informed or updated the Commission on this development.<o:p></o:p>The Commission however informed the Complainant about the
development and he confirmed that his dismissal from the Regional office.<o:p></o:p>The Commission was also
informed that the Management of the Koforidua Hospital where the Complainant
served as a medical doctor also constituted a Committee of inquiry to look into
an allegation of unprofessional conduct. The Committee's report recommended
that the Complainant be released from the service since his conduct had
negatively affected the image of the Service. Management upheld the
recommendation and instructed his release by a letter dated 28th April 2008.<o:p></o:p>OBSERVATION<o:p></o:p>The Ghana Health Service
delayed in their response to the Commission's request for comments. The first
letter requesting for comments dated 4th September 2007 and was followed by a
reminder letter also dated 10th October 2007.<o:p></o:p>The Ghana Health Service's
response to the Commission's request for comment came in a form of a copied
letter dated 31st October 2007 and received on 20th November 2007. The letter
which was addressed to the Koforidua - Eastern Regional Director of the Health
Service requested the Regional office to provide their comments.<o:p></o:p>Since this response failed to address the Commission's request for
comments, another reminder for comments dated 26th November 2007 was served on
the Ghana Health Service and a subsequent letter dated 24th January 2008 was
also served on them, however none of these requests yielded response until
subsequent investigations established that the Complainant had been released
from the Service.<o:p></o:p>Discussions with the
Complainant indicated that his relief had been met by the Respondent.<o:p></o:p>DECISION<o:p></o:p>