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JUDGMENT
JUDGMENT
This court has been called upon to determine the propriety or otherwise of the proceedings conducted by the Regional Disciplinary Board Kumasi, and which was confirmed by the Central Disciplinary Board, Accra in respect of the applicant.
The applicant per the contents of his application filed on 2nd November 2018 is praying this court, for an order of certiorari directed at the Central Disciplinary Board Accra to bring up into this court for purposes of being quashed; the decision of the Central Disciplinary Board, which reduced his rank from Detective Sergeant (D/Sgt) to General Corporal (G/CPL). The decision was made on 22nd August, 2018.
The facts behind this application are that, the applicant was charged with the offence of misconduct contrary to section 82 (i) (h) (iii) of the Police Service Regulation, 2012 (CI 76) He was alleged to have extorted an amount of GH₵1700 from the family of four suspects he was investigating their case as detective officer on or around 12th April 2016.
According to the facts, this was brought to the attention of the Divisional Commander of Ghana Police Service, Asokwa. The facts continue that, when the applicant was confronted with the issue, he denied same. He was searched and an amount of GH₵1700 was retrieved from him. He however claimed the amount was his monthly salary. He was later charged with an offence of misconduct contrary to section 82 (i) (h) (iii) of CI 76. A formal proceeding was held in respect of the charge under regulation 101 (c) of CI 76. This was under the authority of the Regional Disciplinary Board, Kumasi.
The officer who held the service enquiry recommended among other things that, he should be reverted to general Police duties.
The Ashanti Regional Disciplinary Board also recommended as follows:
(a) That, the applicant should be reverted from a detective to general Police duties.
(b) He should also be reprimanded severely.
On 22nd August 2018 however, the Central Disciplinary Board Accra, imposed a sentence of reduction in rank from General Sergeant to General Corporal with effect from, 23rd February 2017 on the applicant.
The applicant, who is aggrieved by the sentence imposed on him by the Central Disciplinary Board Accra, has mounted this application invoking the supervisory jurisdiction of this court through a motion filed on 2nd November 2018.
The motion is supported by affidavit and exhibits. His counsel subsequently filed a statement of case in support of his applicati