Donella Dennis v. Winton M. Blount, Postmaster General, United States Postal Service, United States Postal Service

Appel ant Ms. Dennis, a postal employee, was discharged. She exhausted her administrative remedies and then brought this action to set aside the discharge. On motion for summary judgment, based upon the administrative record, the district court entered judgment against her. She appeals, and we affirm.

The pertinent statute is 5 U.S.C. § 7512 , made applicable to appellant by Executive Order 10,988 of January 17, 1962 and Executive Order 11,491 of October 29, 1969. Under the statute, Ms. Dennis could be discharged “only for such cause as will promote the efficiency of the service.” The same language appears in the Lloyd-LaFollette Act, 5 U.S.C. § 7501 .

We set out in the margin pertinent parts of the letter which was sent to Ms. Dennis on June 5, 1970, initiating proceedings culminating in her discharge. Ms. Dennis did not respond, and on July 6, 1970, a notice was sent to her, reading in part as follows:

Ms. Dennis appealed, but she at no time contested the accuracy of the charges and past record as set out in the June 5, 1970, letter, or the validity of the debt.

The specific charge that triggered disciplinary action is based upon Postal Regulations, particularly 39…