John J. Toohey v. Paul H. Nitze, Secretary, U. S. Department of the Navy

John J. Toohey appeals in pro per from a summary judgment rendered against him in this action brought by him against the government for reinstatement, back pay, and damages for wrongful discharge and injury to his professional reputation.

Appellant is a registered professional engineer with impressive academic credentials. On March 20, 1967, he commenced employment as a mechanical engineer for the Department of the Navy at the San Francisco Bay Naval Shipyard. Before achieving permanent employment status, he was required to satisfactorily complete a one-year probationary period. See 5 C.F.R. §§ 315 .-801(a) (1) ; 315.802(a). Some three months later, on June 23, 1967, he was given notice of his proposed termination, pursuant to 5 C.F.R. §§ 315.803-804 , on the ground that he failed to demonstrate that he possessed the necessary dependability, adaptability, cooperativeness and proper attitude for his employment. He was terminated on July 14. Toohey’s appeal of his dismissal to the Civil Service Commission was denied on the ground that the Commission was “specifically precluded by regulation from making an investigation into, or a review of, the sufficiency of the reason for the…