424 Pa. 151 | Pa. | 1967
Lead Opinion
Opinion by
Appellant was employed on May 17, 1957 by the Pennsylvania Department of Revenue as a Corporation Tax Officer I. Pursuant to the Act of August 27, 1963, P. L. 1257, §28, 71 P.S. §741.1005 (Supp. 1965), lie was placed on probationary status. By letter dated November 23,1964, appellant was advised that his work was unsatisfactory and that his services would be terminated as of December 3, 1964. Following his dismissal, appellant appealed to the State Civil Service Commission, which, after hearing, dismissed the appeal. He has appealed to this Court under Rule 68%.
At the commission hearing, appellant presented evidence to the effect that his dismissal was occasioned not by unsatisfactory performance of his duties, but by discrimination against him because of his political affiliations, in violation of the Civil Service Law, Act of August 5, 1941, P. L. 752, §905.1, added August 27, 1963, P. L. 1257, §25, 71 P.S. §741.905a (Supp. 1965). Appellant testified that a high ranking member of the Republican Party had told him that he had been fired because his home district had been carried by the Democratic Party. Despite the fact that this testimony was uncontradicted on. the record, the Department of Revenue rested its case without presenting any evidence.
The Civil Service Law, supra,, §951, 71 P.S. §741.951 (Supp. 1965) provides, “(c) All final decisions of the commission shall not be reviewable by any court.” Accordingly, our review is on narrow certiorari and is limited to (1) questions of jurisdiction; (2) the regu: larity of the proceedings; (3) a determination as to whether or not the Commission exceeded its. authority; and (4) a consideration of possible constitutional violations. DeVito v. Civil Service Commission, 404 Pa. 354, 172 A. 2d 161 (1961). A review of the proceed-, ings satisfies us that the commission was clearly in
The order is vacated and the cause remanded to the. commission so that the Commonwealth may proceed.
Dissenting Opinion
Dissenting Opinion by
The Civil Service Law, §951, provides, “(c) All final decisions of the commission shall not be reviewable by
Having laid down the correct legal test, the majority then ignore it and decide the question involved “on the merits,” under the erroneous theory that the Commission exceeded its authority.
For these reasons, I dissent.