9 A.2d 407 | Pa. | 1939
These appeals are by the Director of the Department of Public Safety of the City of Pittsburgh from an order of the lower court in the one case sustaining the action of the Civil Service Commission in upholding the dismissal of an employee, under given conditions, and in the other denying the Director, the removing officer, the right to appeal. Appellee has filed motions to quash the appeal in both cases.
While the Act of May 31, 1933, P. L. 1108, Sec. 10, relating to dismissal of City employees makes provision for an appeal from the Commission to the courts by an employee, it makes no provision for an appeal by the removing officer; on the contrary the Act prevents such appeals. Section 10 provides: "In the event that the civil service commission shall sustain the action of the removing officer, the person removed shall have the immediate right of appeal to the court of common pleas. . . . Any employee dissatisfied with the decision of the court of common pleas shall have the right of appeal to the Supreme *259
Court." The pointed omission of reference to a right of appeal in the removing officer clearly evidences the legislature's intent that only the employee or person removed is to enjoy the privilege. The legislature may in establishing new forms of procedure place limitations upon the right of appeal. SeeGrime et al. v. Department of Public Instruction et al.,
Even if the appellant had not thus been denied the right of appeal to this Court, his position in these appeals would be governed by the Act of June 27, 1939, P. L. 1207, (No. 405), which provides, in Section 6: *260 "Any employee so charged, who shall be dissatisfied with the decision of the court of common pleas, shall have the right to appeal to the Supreme Court of Pennsylvania. Neither the city, the removing officer, nor any person other than the employee so charged shall have any right of appeal either to the court of common pleas or to the Supreme Court of Pennsylvania." This Act became effective prior to the filing of these appeals and consequently is determinative of appellant's status.
The appeals are dismissed, at appellant's cost.