Jesse E. Taylor v. United States Civil Service Commission

Before us is an appeal from a decision of the District Court granting, upon cross-motions for summary judgment, a judgment in favor of the appellees in a suit in the nature of a mandamus brought by appellant, a dismissed Civil Service employee employed by the United States Air Force, seeking reinstatement to the position he occupied at the time of his dismissal, and for damages arising out of his alleged wrongful dismissal.

The District Court had jurisdiction of the cause based on 28 U.S.C. §§ 1361 and 1651. This Court has jurisdiction under 28 U.S.C. §§ 1291-1294 .

The removal or dismissal of the appellant, a career Civil Service employee in non-probationary status with veteran’s preference is governed by Section 14 of the Veterans’ Preference Act, 5 U.S.C. § 863 .

On June 23, 1964, a notice of dismissal was sent to the appellant informing him that it was proposed to remove him “for a major offense of misconduct.” The notice stated:

The notice specified four incidents of alleged misconduct. Two of these involved the arrest, leading to convictions, of appellant for violations of the Penal Code of the State of California. In respect to these two incidents the notice…