158 Ct. Cl. 573 | Ct. Cl. | 1962
This is a suit for back salary by a veteran, removed from his position as a civilian attorney with the Army Signal Supply Agency, who claims that his separation was invalid. After several warnings directed at his being intoxicated on duty and absent without leave, plaintiff received from the Signal Supply Agency, on December 6, 1957, a notice of proposed removal on the grounds that (a) he had falsified his time and attendance records to indicate that he was on duty full time when he was not, (b) he was
In this court plaintiff contends that the charges against him were not supported by substantial evidence; that his removal was in bad faith and contrary to due process; that the Army failed to follow the applicable procedural law and regulations; and that he was deprived of his statutory right to appeal to the Civil Service Commission. Both parties moved for summary judgment. At the oral argument on these motions it was pointed out that plaintiff’s petition did not allege that the Army’s action was arbitrary, capricious, or grossly erroneous (as required by Buie 9(b) of the Buies of this court), and leave was granted plaintiff to amend his petition. An amended petition complying with Buie 9(b) but raising no new matter, as well as an amended answer, were filed. Both parties have indicated their intention to stand on the motions and briefs previously filed. We see no need for further oral argument since the issues now raised by the amended pleadings were earlier presented, the parties have not filed new briefs or motions, and adequate argument has already been had.
Plaintiff’s motion for summary judgment is denied. Defendant’s motion for summary judgment is granted. The petition will be dismissed.
It is so ordered.