Joseph O'Leary v. John W. MacY Jr., Chairman

D.C. Circuit

Joseph O'Leary v. John W. MacY Jr., Chairman

297 F.2d 434, 111 U.S. App. D.C. 357, 1961 U.S. App. LEXIS 3177

CourtCourt of Appeals for the D.C. Circuit

DecidedNovember 16, 1961

Docket15717

StatusPublished

Cited by2 cases

This text of 297 F.2d 434 (Joseph O'Leary v. John W. MacY Jr., Chairman) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph O'Leary v. John W. MacY Jr., Chairman, 297 F.2d 434, 111 U.S. App. D.C. 357, 1961 U.S. App. LEXIS 3177 (D.C. Cir. 1961).

Pincite

Opinion

PER CURIAM.

The appellant, a non-veteran, was a career-conditional appointee in the Bureau of Aeronautics, Department of the Navy, at Akron, Ohio. 1 The appointment was subject to Civil Service Commission investigation to determine appellant’s suitability for appointment in the competitive service in accordance with appropriate regulations. 2

After such investigation the Commission found that appellant failed to meet the proper standards of suitability for a competitive civil service appointment. 3 His appointment was therefore disapproved, his removal from the service was directed, and he was barred for one year from employment in the competitive civil service and from competition in civil service examinations. 4 The basis for the Commission’s action was traceable primarily to appellant’s drinking habits.

Appellant thereafter pursued his administrative remedies before the Commission. These being unsuccessful he sued in the District Court for reinstatement to his former position or to a position of comparable grade and tenure, and for related relief. The District Court, Judge McGarraghy sitting, granted summary judgment in favor of appellees, who were the Chairman and Members of the Civil Service Commission, and the Secretary of the Navy. The Judge ex *435 plained his ruling in a memorandum from which we quote as follows:

“Upon consideration of all of the pleadings and exhibits, and the several memoranda and points and authorities in support of and in opposition to the motions, the Court is of the opinion that the administrative determination of which the plaintiff complains was in substantial compliance with the applicable procedures under valid regulations; that such action followed opportunity to the plaintiff for administrative review by way of appeal which was exercised by the plaintiff and no showing is made of an abuse of executive discretion by the Civil Service Commission. * * * ”

We agree with this analysis of the situation, and accordingly the judgment is

Affirmed.

1

. 5 C.F.R. § 2.301(a) (1961).

2

. 5 C.F.R. § 2.107 (1981).

3

. 5 C.F.R. § 2.106 (1961).

4

. 5 C.F.R. § 2.106(b) (1961).

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PER CURIAM.

The appellant, a non-veteran, was a career-conditional appointee in the Bureau of Aeronautics, Department of the Navy, at Akron, Ohio. 1 The appointment was subject to Civil Service Commission investigation to determine appellant’s suitability for appointment in the competitive service in accordance with appropriate regulations. 2

After such investigation the Commission found that appellant failed to meet the proper standards of suitability for a competitive civil service appointment. 3 His appointment was therefore disapproved, his removal from the service was directed, and he was barred for one year from employment in the competitive civil service and from competition in civil service examinations. 4 The basis for the Commission’s action was traceable primarily to appellant’s drinking habits.

Appellant thereafter pursued his administrative remedies before the Commission. These being unsuccessful he sued in the District Court for reinstatement to his former position or to a position of comparable grade and tenure, and for related relief. The District Court, Judge McGarraghy sitting, granted summary judgment in favor of appellees, who were the Chairman and Members of the Civil Service Commission, and the Secretary of the Navy. The Judge ex *435 plained his ruling in a memorandum from which we quote as follows:

“Upon consideration of all of the pleadings and exhibits, and the several memoranda and points and authorities in support of and in opposition to the motions, the Court is of the opinion that the administrative determination of which the plaintiff complains was in substantial compliance with the applicable procedures under valid regulations; that such action followed opportunity to the plaintiff for administrative review by way of appeal which was exercised by the plaintiff and no showing is made of an abuse of executive discretion by the Civil Service Commission. * * * ”

We agree with this analysis of the situation, and accordingly the judgment is

Affirmed.

1

. 5 C.F.R. § 2.301(a) (1961).

2

. 5 C.F.R. § 2.107 (1981).

3

. 5 C.F.R. § 2.106 (1961).

4

. 5 C.F.R. § 2.106(b) (1961).

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297 F.2d 434, 111 U.S. App. D.C. 357, 1961 U.S. App. LEXIS 3177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-oleary-v-john-w-macy-jr-chairman-cadc-1961.

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