No. 7873 LANCE CPR. TIMOTHY YITANKEY vs. THE DIRECTOR GENERAL AND THE ATTORNEY GENERAL [2010]DLHC4383

No. 7873 LANCE CPR. TIMOTHY YITANKEY vs. THE DIRECTOR GENERAL AND THE ATTORNEY G... [2010]DLHC4383

Date	2010-02-09
Suit No.	SUIT NO. INDL.38/09
Citation No.	[2010]DLHC4383

KWABENA ASUMAN-ADU

MR. SETH WIAFE DANKWA FOR THE PLAINTIFF

MR. EBENEZER APPIAH OPARE WITH MS TRICIA QUARTEY FOR THE DEFENDANTS

[2010]DLHC4383
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">No. 7873
LANCE CPR. TIMOTHY YITANKEY<o:p></o:p></a>vs.<o:p></o:p>THE DIRECTOR GENERAL AND THE ATTORNEY GENERAL<o:p></o:p>&nbsp;[HIGH COURT (INDUSTRIAL/LABOUR DIVISION),
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SUIT NO. INDL.38/09&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 9TH FEBRUARY, 2010<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
SETH WIAFE DANKWA FOR THE PLAINTIFF<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">

MR. EBENEZER APPIAH OPARE WITH MS TRICIA QUARTEY
FOR THE DEFENDANTS<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KWABENA
ASUMAN-ADU, JUSTICE
OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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RULING<o:p></o:p>

</div>On 30th&nbsp;
June, 2009, the Plaintiff herein, L/Cpr. Timothy Yitankey of the Prisons
Service issued out Writ of Summons against the Defendants for the following
reliefs:<o:p></o:p><o:p>&nbsp;</o:p>“A declaration by this Honourable Court that since
the Minister of Interior has not complied with Section 19 (3) of NRCD 46 of
1972, the service enquiry held at the Awutu Prisons Camp in which Plaintiff was
found guilty and later reduced in rank from corporal to Lance Corporal is null
and void and of no legal effect whatsoever;<o:p></o:p><o:p>&nbsp;</o:p>General damages for wrongful reduction of rank from
Corporal to Lance Corporal;<o:p></o:p><o:p>&nbsp;</o:p>An order of the Court directing the Defendants to
restore Plaintiff to his rank and all outstanding salaries and benefits due to
Plaintiff, be paid to him forthwith.”<o:p></o:p><o:p>&nbsp;</o:p>In the accompanying Statement of Claim, the
Plaintiff avers that he used to be working with the Ghana Prisons Service
stationed at Awutu Prisons Camp. Whilst there, he was invited by the
authorities of the camp and he was informed that a fellow prison officer had
made an allegation against him and some other officers.&nbsp; He was, therefore, asked to submit a
statement to that effect which he did.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff was later charged with two offences
under Section 16 (k) and (g) of NRCD 46 of 1972. A service enquiry was
instituted by the Ghana Prison Service at the Awutu Prisons Camp in spite of
the fact that the Minister had then not in consultation with the Director
General of Ghana Prisons Service, come out with a Legislative Instrument making
regulations, providing for the conduct of disciplinary proceedings in cases of
misconduct or unsatisfactory service.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff avers that the said service enquiry
sins against Section 19 (3) of NRCD 46 of 1972, so it is a nullity. He claims
he pleaded not guilty on all the charges. He contends that in spite of the fact
that he adduced evidence to support the fact that he was not guilty of the
charges and also the fact that the service enquiry was a nullity, he was found
guilty on all the charges. He was as a result reduced in rank from Corporal to
Lance Corporal on 4th May, 2009.<o:p></o:p><o:p>&nbsp;</o:p>According to the Plaintiff, he has filed an appeal
to the Prisons Service Council but as at the time he filed the current suit,
the Prisons Service Council had not been reconstituted. Meanwhile, time was
running, so to avoid the action becoming statute barred, he instituted this
action.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff goes on to contend that his purported
reduction in rank from Corporal to Lance Corporal is null and void and of no
legal effect whatsoever. He further contends that, the 1st Defendant
did not take into consideration the entire proceedings at the service enquiry
which was a nullity before carrying out with the sanction.<o</main>