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REPUBLIC V. CENTRAL DISCIPLINARY BOARD; EX PARTE TSAWODZI

(1973) JELR 84247 (HC)

High Court  •  22 Mar 1973  •  Ghana

Coram
FRANCOIS J.

Appearances
F. Y. Kpegah for the applicant. A. L. Djabatey, Senior State Attorney (Nii-Amassah Kotey, Assistant State Attorney, with him) for the respondent.

Judgement
<p style="text-align: center;"><strong><u>JUGEMENT</u></strong></p><p style="text-align: justify;"><strong>FRANCOIS J.</strong></p><p style="text-align: justify;">I preface this ruling with quotations from opinions of Lord Denning M.R. and Lord Reid which are in point here. The observation of Lord Denning M.R. appears in <strong>R. v. Kent Police Authority; Ex parte Godden [1971] 3 W.L.R. 416 at p.421, C.A. </strong>There the Master of the Rolls stated that &quot;decisions leading to compulsory retirement are of a judicial character and must conform to the rules of natural justice.&quot; Lord Reid&#x27;s opinion appears in <strong>Ridge v. Baldwin [1964] A.C. 40 at p. 65, H.L. </strong>where he said that &quot;dismissal from an office where there must be something against a man to warrant his dismissal&quot; may only be carried out in accordance with the rules of natural justice.</p><p style="text-align: justify;">The applicant, a police officer, had the misfortune to be involved in a brawl when lawfully assisting in the collection of basic rates. He was convicted by the District Magistrate, Ho, on 13 June 1972 for assault contrary to section 84 of the Criminal Code, 1960 (Act 29), and fined ¢40.00. The applicant&#x27;s mis…</p>

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