22 Pa. Commw. 495 | Pa. Commw. Ct. | 1976
Opinion by
Leon T. Clark, a former employee of the Liquor Control Board with the Civil Service classification of clerk, regular status, has appealed from an Amended Order of the State Civil Service Commission made March 3, 1975. The sole remaining issue is whether. Clark is entitled to the salary he would have earned between September 5, 1974, when he was suspended, and October 4, 1974, when he was removed from his employment.
On September 5, 1974, the Liquor Control Board notified Clark in writing that he was suspended from his position as of that date, “pending an investigation of the charge involving suspected misappropriation of Commonwealth’s funds.” Clark did not appeal the suspension to the Civil Service Commission. On October 4, 1974, the Liquor Control Board notified Clark in writing of his removal from the classified service for misappropriation
The Commission’s Adjudication and Order of January 6, 1975 was not appealed by either party. However, the Personnel Director of the Pennsylvania Liquor Control Board by letter dated January 23, 1975 addressed to the Chairman of the Commission pointed out that formal action to suspend Clark had been taken by the Board by its letter of September 5, 1974 which was in the record. It seems clear that neither Clark nor counsel who had represented him before the Commission was provided a copy of the Personnel Director’s letter or knew that it had been sent. The Commission, without advance notice to Clark or his counsel, entered a Supplemental Adjudication and Amended Order on March 3, 1975, deleting from its January 6, 1975 order the direction that Clark be paid from September 5 until October 4, 1974.
Clark argues that the suspension notice of September 5, 1974 was fatally lacking in specificity and that the Commission’s Amended Order should be set aside and its first Order reinstated for this reason. Since, however, he did not appeal from the suspension, he cannot now complain of irregularities in that action. The Amended Order appealed from cannot, however, stand because the Commission had no power to make a substantive change of its January 6,1975 final order almost two months later
Order
And now, this 5th day of January, 1976, it is ordered that the Supplemental Adjudication and Amended Order of the State Civil Service Commission made March 3, 1975 be and the same hereby is set aside; and that the Commission’s Order of January 6, 1975 be and the same hereby is reinstated.
. Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.1.