JAMES BADU (PLAINTIFF/RESPONDENT) vs. THE REGIONAL DIRECTOR GHANNA HEALTH SERVICE CAPE COAST AND THE MEDICAL SUPERINTENDENT GOVERNMENT HOSPITAL SALTPOND (DEFENDANTS/APPELLANTS) [2012]DLCA7905

JAMES BADU (PLAINTIFF/RESPONDENT) vs. THE REGIONAL DIRECTOR GHANNA HEALTH SERVIC... [2012]DLCA7905

Date	2012-01-11
Suit No.	CIVIL APPEAL NO. H1/196/2011
Citation No.	[2012]DLCA7905

S.MARFUL-SAU J.A (PRESIDING)

C.J.HONYENUGA J.A

DENNIS D. ADJEI J.A

[2012]DLCA7905
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													<main id="main" class="content" style="min-height: 60rem" >JAMES BADU<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>THE REGIONAL
DIRECTOR GHANNA HEALTH SERVICE CAPE COAST AND THE MEDICAL SUPERINTENDENT
GOVERNMENT HOSPITAL SALTPOND<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, CAPE COAST]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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S.MARFUL-SAU
J.A (PRESIDING), C.J.HONYENUGA J.A, DENNIS D. ADJEI J.A<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<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&nbsp; said
judgment&nbsp; substantially granted all the
reliefs claimed in the&nbsp;
plaintiff/respondent including GH¢5,000.00 as general&nbsp; damages and cost of GH¢4,000.00.The&nbsp; plaintiff/respondent shall be referred to as
the respondent.<o:p></o:p>The
facts of this appeal are that&nbsp; the
respondent is a&nbsp; male nurse&nbsp; with the Ghana Health Service and was
stationed at the Saltpond Government Hospital. He had&nbsp; been in the Ghana Health Service for
over&nbsp; thirty &nbsp;years; twenty-five years&nbsp; of which&nbsp;&nbsp;
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&nbsp; directives from the Regional
Director of Health Services to rotate staff in the Region. The respondent
petitioned against the transfer by &nbsp;writing an “appeal to review the transfer” to
the&nbsp; Regional Director&nbsp; of Health Services at Cape Coast. He
then&nbsp; took his annual leave from 3rd
October, 2002 until he returned on 14th November, 2002 and reported for
duty at the Government Hospital, Saltpond. The respondent was then served with
a letter dated 7th January, 2003 reminding him of his transfer to
Assin Fosu&nbsp; 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. The respondent 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.&nbsp;
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&nbsp; the Regional Head ended
with him being informed&nbsp; that his request
to be given two to three years grace to stay&nbsp;
on could not be granted. The respondent persisted that he should be
given the grace period but the Regional Director became furious and
threatened&nbsp; him with dismissal. He then
sent a petition to the Regional Director of the Commission for Human Rights and
Administrative Justice (CHRAJ)&nbsp; at Cape coast&nbsp; against his transfer. The Regional Health
Director also replied to the&nbsp; petition to
CHRAJ. The respondent was then reminded by the &nbsp;Regional&nbsp;
Director&nbsp; by a letter to
proceed&nbsp; on the transfer after collecting
his January, 2003&nbsp; salary and an embargo
was placed on his salary. CHRAJ gave its decision and&nbsp; informed the respondent that his case lacks
merit and that&nbsp; he had&nbsp; no intention of complying with the transfer
directives. Dissatisfied with the turn of events, the respondent caused&nbsp; a Writ of Summons to be issued &nbsp;against &nbsp;the appellants claiming as follows:<o:p></o:p>“a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 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.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order
setting aside the termination of the plaintiff’s appointment.<o:p></o:p>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order reinstating
the plaintiff as an employee of the 1st defendant. <o:p></o:p>