REPUBLIC v. INSPECTOR-GENERAL OF POLICE AND OTHERS; EX PARTE APEANING

JUDGMENT OF ANSAH-TWUM J.

This is an application for an order of certiorari to quash the decision of the Inspector-General of Police, dated 3 November 1982, against the applicant herein, whereby the applicant was reduced in rank from Inspector to Sergeant and placed on the maximum scale of General Police Sergeant.

The brief facts of the case as they appear in the affidavits filed in support of the application are that a service inquiry was held over an alleged misconduct of the applicant, and the applicant was found guilty of misconduct contrary to section 17 (k) of the Police Service Act, 1970 (Act 350) by the Operational Disciplinary Advisory Committee. It appears that the disciplinary advisory committee being minded to impose a "major penalty" referred (I believe under section 19(5) of Act 350) the decision to the Inspector-General of Police inviting him to exercise his powers conferred upon him under regulation 3A of the Police Force (Disciplinary Proceedings) Regulations, 1974 (LI 993) as inserted by the Police Service (Disciplinary Proceedings Amendment) Regulations, 1977 (LI 1104). Now regulation 3A of LI 993 as inserted, provides:

"3A. Notwithstanding the provisions of regulation 3 of these Regulations, a major penalty shall not be imposed on a police officer not below the rank of Inspector, without the prior written approval of the Inspector-General of Police."

In the exercise of the power conferred upon him by regulation 3A of LI 993, the Inspector-General of Police did therefore upon that reference review the service inquiry's decision and gave the following written approval dated 3 November 1982.

"REVIEW OF SERVICE ENQUIRY PROCEEDINGS BY THE DISCIPLINARY BOARD"

Following a service enquiry held into your conduct by the Operational Disciplinary Advisory Committee in accordance with [p.275] regulations 4 (3) (c) of the Police Service (Disciplinary Proceedings) Regulations, 1974 (LI 993) on a charge of misconduct contrary to section 17(k) of Act 350, I have, after reviewing the record of proceedings and considering the findings of the adjudicating officer, imposed a sentence of reduction in rank and to be placed on maximum scale of general police sergeant, on you, in exercise of the power vested in me under the Police Service (Disciplinary Proceedings Amendment) Regulations, 1977 (LI 1104).

2. If you are aggrieved by the sentence or dissatisfied with the manner in which the inquiry was conducted and wish to appeal to the Police Council, y