REPUBLIC v. GHANA RAILWAY CORPORATION; EX PARTE APPIAH AND ANOTHER
September 30, 1981
HIGH COURT
GHANA
CORAM
- TWUMASI J
Areas of Law
- Administrative Law
- Employment Law
September 30, 1981
HIGH COURT
GHANA
CORAM
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JUDGMENT OF TWUMASI J.
The matter before this court involves the Ghana Railway Corporation and two members of the senior staff of the corporation. They are Joseph Emmanuel Appiah, Deputy Chief Internal Auditor and David Armah Annan, Chief Accountant, respectively. These two senior officers say that on 15 August 1981, the corporation reduced their official ranks from deputy chief internal auditor to principal internal auditor in the case of Mr. Appiah, and from chief accountant to deputy chief accountant in the case of Mr. Annan. In Appiah's case, the reduction in rank was to be operative for a period of two years with effect from 17 August 1981. In the case of Mr. Annan, there was also a consequential order transferring him with immediate effect to the accounts department on special duties. Naturally, these two gentlemen did not take the matter kindly with the corporation because their punishment brought to them not only humiliation and disgrace, but was destined to cause them some financial loss in salary and other entitlements. They therefore quickly picked up a grudge against the corporation in this court.
Their case is that they and other senior members of staff were given notice to appear before a board of inquiry set up by the corporation to scrutinise a certain transaction relating to purchasing and stores during the period November 1980 to March 1981. They attended the investigation and answered questions put to them by the committee. It appears from the evidence that the board of directors imposed the penalty complained of upon the basis of the report of the board of inquiry. The keg upon which the case of the applicants is perched can be found in paragraphs (6) to (10) of their affidavits in support of the application for an order of certiorari to quash the penalty imposed upon them by the board of directors. These are that:
[p.755]
"(6) The board had no authority or right to effect reduction in our ranks without a proper inquiry held on specific charges preferred against us.
(7) By virtue of the conditions of service for senior staff, the board's primary duty is to call upon an officer involved in writing, to show cause why he should not be reduced in rank with the facts of the case to enable the officer to reply to it.
(8) This provision in the condition of service was not followed.
(9) Ghana Railway Corporation was part of the Civil Service before it was turned into a corporation.
(10) By the Civil Service (Interim) Regulations, 1960
AI Generated Summary
Twumasi J. adjudicated a judicial review application by Joseph Emmanuel Appiah, Deputy Chief Internal Auditor of Ghana Railway Corporation, and David Armah Annan, the Corporation’s Chief Accountant, challenging disciplinary sanctions imposed after a board of inquiry examined purchasing and stores transactions from November 1980 to March 1981. The applicants argued that article 24(1) and the Civil Service (Interim) Regulations, 1960 (L.I. 47) required formal written charges and proceedings, and that natural justice was breached. The court held that articles 4(1) and 4(8) of the Corporation’s senior staff conditions confer plenary disciplinary powers, authorizing boards of inquiry and penalties including reduction in rank, and that audi alteram partem was satisfied because the applicants had notice, appeared, and answered questions. Finding no violation of the conditions of service or natural justice, the court dismissed the certiorari applications with costs.