Young v. Higley

D.C. Circuit

Young v. Higley

220 F.2d 487, 95 U.S. App. D.C. 122, 1955 U.S. App. LEXIS 3381

Court of Appeals for the D.C. Circuit·Decided March 3, 1955·No. Nos. 12324, 12325·Published·Cited by 20 cases

Opinion

PER CURIAM.

Appellants were removed, in a reduction in force, from employment in the United States Veterans’ Administration. They contend their rights under the Veterans’ Preference Act [of 1944, 5 U.S.C.A. § 851 et seq.] were clearly violated. We do not reach that question.

Appellants failed to exercise, within the time allowed by the rules, their right of appeal to the Civil Service Commission from the decision of its Regional Office upholding the action of the Veterans’ Administration. “The fact that administrative action is probably erroneous does not create an exception to the rule that administrative processes must be exhausted before judicial relief is sought.” Johnson v. Nelson, 86 U.S.App.D.C. 98, 180 F.2d 386, certiorari denied 339 U.S. 957, 70 S.Ct. 980, 94 L.Ed. 1368. As that case shows, we [488]*488disagree with the view that administrative remedies need not be exhausted if the administrative action complained of is clearly erroneous. Cf. Wettre v. Hague, 1 Cir., 168 F.2d 825.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellants were removed, in a reduction in force, from employment in the United States Veterans’ Administration. They contend their rights under the Veterans’ Preference Act [of 1944, 5 U.S.C.A. § 851 et seq.] were clearly violated. We do not reach that question.

Appellants failed to exercise, within the time allowed by the rules, their right of appeal to the Civil Service Commission from the decision of its Regional Office upholding the action of the Veterans’ Administration. “The fact that administrative action is probably erroneous does not create an exception to the rule that administrative processes must be exhausted before judicial relief is sought.” Johnson v. Nelson, 86 U.S.App.D.C. 98, 180 F.2d 386, certiorari denied 339 U.S. 957, 70 S.Ct. 980, 94 L.Ed. 1368. As that case shows, we [488]*488disagree with the view that administrative remedies need not be exhausted if the administrative action complained of is clearly erroneous. Cf. Wettre v. Hague, 1 Cir., 168 F.2d 825.

Affirmed.

Young v. Higley, 220 F.2d 487, 95 U.S. App. D.C. 122, 1955 U.S. App. LEXIS 3381 (D.C. Cir. 1955).

Pincite

220 F.2d 487 (Young v. Higley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related