30 Pa. Commw. 589 | Pa. Commw. Ct. | 1977
Opinion by
The Borough of Aliquippa (Borough) has appealed from an order of the Court of Common Pleas of Beaver County which reversed the decision of the Aliquippa Civil Service Commission (Commission) and which reinstated two policemen who had been suspended by the Commission.
Peter Gregory and Reginald Foster, two Borough patrolmen, had been suspended from their police du
In a civil service proceeding where, as here, the lower court took no additional evidence, our scope of review is to determine whether or not the civil service commission abused its discretion or committed an error of law. Appeal of Alvin H. Zimmett, 28 Pa. Commonwealth Ct. 103, 367 A.2d 382 (1977). Here we must agree with the lower court that the Commission committed an error of law in suspending these two policemen on the charge that each, “having knowledge of a specific and lawful order to respond to a radio call . . . [did] fail and refuse to respond to said radio call, an order which it was his duty to obey. ’ ’
The record here contains no evidence that the patrolmen knowingly failed to respond to a radio call, and it is uncontradicted that the officers simply forgot to turn on their walkie-talkie when they left their vehicle and were consequently unable to hear the particular call concerned. Immediately upon their discovery that the equipment had not been turned on, the policemen contacted headquarters and were thus only momentarily delayed in reaching the scene of the accident regarding which the headquarter’s personnel
We will, therefore, affirm the decision of the court below which reversed the Commission’s suspension and which reinstated Peter Gregory and Reginald Foster with full compensation.
Order
And Now, this 22nd day of June, 1977, the order of the Court of Common Pleas of Beaver County is affirmed.