EBENEZER SAKYI DARKO AND GHANA POLICE SERVICE [2012]DLCHRAJ5995

Date	2012-02-03
Suit No.	CHRAJ/2009/HQ/01613/990
Citation No.	[2012]DLCHRAJ5995

JOSEPH WHITTAL

[2012]DLCHRAJ5995
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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">EBENEZER SAKYI DARKO<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><a name="_gjdgxs"></a><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">GHANA POLICE 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;
mso-border-bottom-alt:solid windowtext .5pt;padding:0in 31.0pt 1.0pt 31.0pt">

CHRAJ/2009/HQ/01613/990&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 03-02-12<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;
mso-border-bottom-alt:solid windowtext .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<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>The complainant is a former
employee of the Ghana Police Service. He was dismissed from the respondent
institution after a service enquiry found that he had vacated his post.
Dissatisfied with the decision to dismiss him, the complainant appealed to the
Inspector General of Police (IGP). The IGP after considering the complainant's
appeal varied punishment of Dismissal to Removal with full benefits effective
the date of the dismissal.<o:p></o:p>Further aggrieved with the decision of the IGP the complainant
filed a petition with the Commission seeking the following reliefs: <o:p></o:p>That he should be reinstated into the Ghana Police Service;<o:p></o:p>&nbsp;That in view of his
previous denial of promotion in 2003, he should be promoted to the appropriate
rank;<o:p></o:p>That he should be paid all his salaries, allowance and other
benefits denied him since March, 2007.<o:p></o:p>COMPLAINT <o:p></o:p>The complainant claims that he did not vacate his post. According
to him he was not well and so he sought medical attention and he was diagnosed
as depressed and manifesting suicidal tendencies. He was therefore given a
4-day excuse duty to seek specialist treatment. Even though he was given 4-days
excuse duty he was compelled to take 18days break due to his health. He further
claims that his wife reported his situation to his superiors and so they knew
the reason why he was absent from his post.<o:p></o:p>RESPONDENTS' COMMENTS <o:p></o:p>In their comments dated 15th
December 2009 the respondents stated that the Police Headquarters received a
letter from the Divisional Commander in Konongo that the complainant had
absented himself from work and barracks without permission for about 4 months.
His salary was therefore stopped whilst disciplinary action was instituted
against him. On 4th June 2007 the complainant resurfaced and resumed duty and
he was subsequently charged for vacation of post and tried by a service enquiry
which led to his dismissal with effect from 13th December 2007.<o:p></o:p>However the complainant
appealed to the IGP and attached a medical report from Bompata Center referring
him to a psychiatrist. Based on the medical report the IGP reviewed his appeal
and varied the dismissal to removal with benefits. The respondents also were of
the view that considering the medical condition of the complainant it is not
prudent for the Police service that invariably works with weapons to retain
such personnel.<o:p></o:p>ISSUES <o:p></o:p>The central issues in this
matter which the Commission finds from the aforestated complaint and comments
are:<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;">Whether or not the Respondent Police
 Service followed fair and reasonable procedure leading to the punishment
 of the complainant; and<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;">Whether or not the
 complainant vacated his post as provided by the Police Service
 Regulations.<o:p></o:p></li>
</ol>