35 Pa. Commw. 316 | Pa. Commw. Ct. | 1978
Opinion by
Raymond P. Wasilak (Appellant) has appealed the supplementary adjudication of the State Civil Service Commission (Commission) denying him back pay for the period of approximately six months between his suspension from his duties as a Liquor Store Manager II and his reinstatement. The Commission’s action was taken pursuant to Section 951(a) of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.951 (a).
Appellant had been suspended and later removed for reporting to work in a condition unfit to perform his duties, i.e., intoxicated, despite prior warnings. He appealed to the Commission, which found that he was
It is well settled that it is within the proper bounds of the Commission’s discretion for it to deny back pay while at the same time finding the evidence insufficient to warrant dismissal. Baron v. Civil Service Commission, 8 Pa. Commonwealth Ct. 6, 301 A.2d 427 (1973). That is exactly what occurred in the instant case, as the Commission explained in its supplementary adjudication. The record demonstrates that the Commission was correct in stating that there exists substantial evidence from' which it could have found that Appellant was intoxicated;
Accordingly, we
Order
And Now, this 18th day of May, 1978, the adjudication of the State Civil Service Commission denying back pay to Raymond P. Wasilak for the period from July 26,1975, to the day he returned to work following his reinstatement, is hereby affirmed.
See the complete and pertinent factual discussion in our earlier opinion, 27 Pa. Commonwealth Ct. at 172-3, 365 A.2d at 911.