202 Mass. 352 | Mass. | 1909
The petitioner was employed as a foreman in the paving division of the street department of the city of Boston, and was removed or indefinitely suspended from that position on or about June 2, 1908, by the respondent, who was and is the superintendent of streets of that city. He asks in this petition for a writ of mandamus to compel the respondent to restore him to his former position. He was duly enrolled
There is no doubt that the reason assigned for the petitioner’s removal, “ neglect of duty,” was a sufficient cause; g,nd there is no doubt that if he was given a public hearing upon this charge and the specifications filed thereunder, the respondent’s conclusion was final and cannot be reviewed by this court. Ayers v. Hatch, 175 Mass. 489, 492. Hogan v. Collins, 183 Mass. 43. Dunn v. Mayor of Taunton, 200 Mass. 252, 258. Whether he was given such a hearing depends upon the meaning of that word in the statute already referred to. The petitioner’s contention is that it ought to be taken as meaning that he must have substantially a fair trial, though perhaps an informal one, upon the charge preferred against him; the respondent claims that the statute was intended merely to prevent a person’s being discharged without publicity, and without having a chance to appear before his superior officer and make whatever statement he might desire, and have the transaction made a matter of public record.
The respondent argues that the difference between the language of the statute before us and that of other statutes upon similar subjects is such as to maintain his contention. This statute provides that the person sought to be removed shall if he so requests in writing, “ be given a public hearing and be allowed to answer the charges preferred against him either personally or by counsel.” St. 1904, c. 314, § 2. R L. c. 19, § 23, as amended by St. 1905, c. 150, gives to veterans the right to “ a full hearing” after at least seventy-two hours’ written notice
It sufficiently appears that the petitioner has had no such bearing. He was not allowed to know anything of the evidence
So ordered.