89 F. Supp. 1005 | Ct. Cl. | 1950
recover, in an opinion
as follows:
The plaintiff, a former employee of the Treasury Department in the classified Civil Service, served in the position of
During 1924, the plaintiff was charged with and tried upon a criminal charge of unlawful possession of intoxicating liquors, in the Jefferson (Kentucky) Circuit Court, Criminal Division, and was acquitted. He was later tried upon a criminal information charging illegal possession of whiskey, in the U. S. District Court for the Western District of Kentucky, and in this trial he was also acquitted.
Plaintiff bases his claim in this case for a life annuity,, under Sections 1 and 7 of the Civil Service Retirement Act of May 22, 1920, as amended by the Act of July 8, 1926 (44 Stat. 904, 909), on the allegation that his acquittals upon, the criminal charges, above referred to, establish that the-action of the Secretary of the Treasury removing him from the service on charges of misconduct or delinquency in the performance of his official duties was arbitrary and capricious and, therefore, did not have the effect of foreclosing his right to the annuity under the provisions of Section 7 of the Act, which section provides that it shall not be applicable to any employee removed for cause on charges of misconduct or delinquency.
The facts in this case are substantially the same as the facts in the case of William Francis Croghan, ante, p. 577, this day decided, and for the reasons stated in that case we hold that plaintiff has not established his right to the life annuity claimed. On the authority of the Croghan case, sufra, the petition must be dismissed.
In addition to the conclusion that plaintiff is not entitled, to judgment on the merits of his claim, it should be noted that at the date of his removal he had not reached the age at which an employee involuntarily separated from the service, not for cause, would be entitled to claim an immediate an
Plaintiff is not entitled to recover, and the petition is dismissed. It is so ordered.