MR. JAMES BADU vs. THE REGIONAL DIRECTOR GHANA HEALTH SERVICE, CAPE COAST. AND THE MEDICAL SUPERINTENDENT GOVT. HOSPITAL, SALTPOND [2012]DLCA5704

MR. JAMES BADU vs. THE REGIONAL DIRECTOR GHANA HEALTH SERVICE, CAPE COAST. AND... [2012]DLCA5704

Date	2012-01-11
Suit No.	CIVIL APPEAL NO. H1/196/2011
Citation No.	[2012]DLCA5704

MARFUL-SAU J.A.(PRESIDING)

HONYENUGA J.A.

DENNIS-AGYEI J.A

[2012]DLCA5704
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													<main id="main" class="content" style="min-height: 60rem" >MR. JAMES BADU<o:p></o:p>[PLAINTIFF/RESPONDENT]<o:p></o:p>vs.<o:p></o:p>THE REGIONAL DIRECTOR GHANA
HEALTH SERVICE, CAPE COAST. AND THE MEDICAL SUPERINTENDENT GOVT. HOSPITAL,
SALTPOND<o:p></o:p>[DEFENDANTS/APPELLANTS]<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;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. H1/196/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 11th JANUARY,
2012<o:p></o:p>

</div>HONYENUGA J.A<o:p></o:p>This
is an appeal by the Defendants/Appellants who shall be referred to as the
Appellants against the judgment of the High court, Cape Coast dated the 2nd day
of November, 2010. The said judgment substantially granted all the reliefs
claimed in the plaintiff/respondent including GH¢5,000.00 as general damages
and cost of GH¢4,000.00.The plaintiff/respondent shall be referred to as the
respondent.<o:p></o:p>The
facts of this appeal are that the respondent is a male nurse with the Ghana
Health Service and was stationed at the Saltpond Government Hospital. He had
been in the Ghana Health Service for over thirty years; twenty-five years of
which he served at Salt pond Hospital. By a letter dated the 1st August, 2002,
the respondent was transferred to the St. Francis Xavier Catholic Hospital,
Assin Fosu in line with the Ghana Health Service policy on posting and
directives from the Regional Director of Health Services to rotate staff in the
Region. The respondent petitioned against the transfer by writing an “appeal to
review the transfer” to the Regional Director of Health Services at Cape Coast.
He then took his annual leave from 3rd October, 2002 until he returned on 14 th
November, 2002 and reported for duty at the Government Hospital, Saltpond. The respondent
was then served with a letter dated 7 th January, 2003 reminding him of his
transfer to Assin Fosu but he rather wrote a reminder in respect of his earlier
petition. The respondent was later given a release letter dated 29th November, 2002
to report to his new station at Assin Fosu. <o:p></o:p>Therespondent
alleged that he reported to the District Director of Health Services at Assin Fosu
but he was rather directed to report to the Catholic Hospital. The respondent
was informed that the Catholic Hospital had not received his transfer letter
and that they had not requested for a nurse as the Hospital faces accommodation
problems. The respondent then went back to the District Directorate at Asin Fosu
who advised that he reported rather to the Administrator at Cape Coast. His
meeting with the Regional Head ended with him being informed that his request
to be given two to three years grace to stay on could not be granted. The
respondent persisted that he should be given the grace period but the Regional Director
became furious and threatened him with dismissal. He then sent a petition to
the Regional Director of the Commission for Human Rights and Administrative
Justice (CHRAJ) at Cape coast against his transfer. The Regional Health
Director also replied to the petition to CHRAJ. The respondent was then
reminded by the Regional Director by a letter to proceed on the transfer after
collecting his January, 2003 salary and an embargo was placed on his salary.
CHRAJ gave its decision and informed the respondent that his case lacks merit and
that he had no intention of complying with the transfer directives. Dissatisfied
with the turn of events, the respondent caused a Writ of Summons to be issued against
the appellants claiming as follows:<o:p></o:p>“a. Declaration that the purported transfer
of the plaintiff amounted to bad faith to a termination of the plaintiff’s
appointment and therefore unlawful null and void.<o:p></o:p>b. An order setting aside the
termination of the plaintiff’s appointment.<o:p></o:p>c. An order reinstating the plaintiff
as an employee of the 1st defendant.<o:p></o:p>d. An order reimbursing all the arrears
of the plaintiff’s salary which have remained unpaid to date.<o:p></o:p>e. Interest at the current bank rate on
the said arrears of salaries referred to in paragraph (d) supra.<o:p></o:p>f. General aid Special damages against
the Defendants for the unlawful termination of plaintiff’s appointment”.<o:p></o:p><o:p>&nbsp;</o:p>The
Writ was accompanied by a nine paragraph statement of claim. The appellants
entered appearance and filed a twenty-three paragraph statement of Defence.
Thereafter, the court took the application for directions and set down the
following issues for trial:<o:p></o:p>“a. Whether or not the copy of plaintiff’s
purported transfer to the Asin Fosu catholic Hospital was served on the said
Hospital by the Defendants.<o:p></o:p>b. Whether or not the plaintiff reported
on two occasions to the Assin Fosu Catholic Hospital.<o:p></o:p>c. Whether or not the Assin Fosu
Catholic Hospital failed and/or refused to allow plaintiff to assume duty there
on the grounds that they had received no notification of his transfer neither
had they requested for an official of plaintiff’s calibre.<o:p></o:p>d) Whether or not plaintiff was given
the opportunity to be heard i.e. whether or not the plaintiff’s purported
dismissal was in contravention of the rules of Natural Justice.<o:p></o:p>