HENRY A. C. SAGGAU, APPELLANT,
v.
PHILIP YOUNG, ET AL., COMMISSIONERS OF CIVIL SERVICE, AND ARTHUR E. SUMMERFIELD, POSTMASTER GENERAL, APPELLEES
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The court held that it will not review executive officials' dismissal of employees except to ensure statutory compliance, and found no such error here.
Appellant, a postmaster, was removed from his position after charges were filed and administrative appeals were exhausted. He then sued to invalidate …
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PER CURIAM.
Appellant, Saggau, brought a civil action in the United States District Court for the District of Columbia asking that the court declare invalid the proposed removal of appellant from his office as postmaster at Ceylon, Minnesota, and that the charges against him be dismissed and expunged from his employment record.
It appears that letters of charges were filed against him by the Post Office Department, to which he duly replied; and, after consideration by the Department of the evidence submitted, including appellant’s reply, he was ordered removed from his position. He thereupon appealed to the Ninth Regional Office of the Civil Service Commission, which, after hearing, affirmed the action of the agency; and he appealed, in turn, to the Civil Service Commission, which affirmed the action of the Regional Office.
This civil action was then instituted and, on motion, summary judgment was entered for appellees.1
This case clearly falls within that line of eases in which this court has held many times that it will not review the action of executive officials in dismissing executive employees, except to insure compliance with statutory requirements.2 As in Boylan v. Quarles, 1956, 98 U.S.App.D.C. 337, 235 F. 2d 834, 835 there was here “[n]o substantial departure from applicable procedures, no misconstruction of governing legislation, nor any like error going to the heart of the administrative determination. * * *"
Appellant alleges further that the charges were “picayunish” and inspired by political considerations; and that, his removal having been for political reasons, it was prohibited by Civil Service regulations. Even assuming arguendo
Affirmed.
. Memorandum opinion of Judge McGarraghy is reported in Saggau v. Young, D.C.1956, 138 F.Supp. 140.
. See, e. g., Blackmon v. Lee, 1953, 92 U.S. App.D.C. 268, 205 F. 2d 13; Carter v. Forrestal, 1949, 85 U.S.App.D.C. 53, 175 F. 2d 364, certiorari denied, 338 U.S. 832, 70 S.Ct. 47, 94 L.Ed. 507.
. The scant evidence submitted by appellant to show the alleged political nature of the charges was entirely hearsay. After investigation, which we think was procedurally correct, the Ninth Regional Office concluded that “Mr. Prull’s hearsay testimony is not sufficient to warrant a conclusion that the adverse action was taken for political reasons rather than for the reasons stated in the letter of adverse decision.” This was affirmed by the Civil Service Commission.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Glesby L. Dabney v. Freeman, 358 F.2d 533 (D.C. Cir. 1965)
-
McDONOUGH v. United States Postal Serv., 666 F.2d 647 (1st Cir. 1981)
-
Moroney v. Abrams, 244 F.2d 21 (D.C. Cir. 1957)
Authorities Cited
- Carter v. Forrestal, 175 F.2d 364 (D.C. Cir. 1949)
- Robinson v. United States, 338 U.S. 832 (U.S. 1949)
- Gibson v. Int'l Freighting Corp., 338 U.S. 832 (U.S. 1949)
- Blackmon v. LEE, 205 F.2d 13 (D.C. Cir. 1953)
- Boylan v. Quarles, 235 F.2d 834 (D.C. Cir. 1956)