Rapaport

Rapaport v. Civil Service Commission

Good Law
134 Cal. App. 319·1933 Cal. App. LEXIS 47·25 P.2d 265
Court of Appeal of CaliforniaSeptember 26, 1933Docket No. 4197.California1,766 words

Opinion

Lead Opinion

Plummer, J.

This cause is before us upon an appeal from the judgment of the trial court denying the application of the petitioner for a writ of certiorari annulling and setting aside the findings and judgment of the respondents dismissing the petitioner from his position as an assistant physician at the Mendocino State Hospital.

The return made by the respondents in this case is exceedingly voluminous, and the brief filed in behalf of the petitioner calls attention to many points of procedure alleged to be defective, which, from the views hereinafter set forth, need not he referred to in this opinion.

The charges filed against the petitioner upon which respondents based their judgment is in the following words and figures, to wit:

Charge “B”, scheduled “Unprofessional Conduct”, was dismissed by the commissioners and requires no further mention.

Section 14 of the Act No. 1400, Deering’s General Laws of California, 1931, volume 1, page 630 [Stats. 1929, p. 252], relative to the powers of the Civil Service Commission, specifies the grounds upon which officers and employees may be removed, to wit: “Incompetency, inefficiency, insubordination, dishonesty, intemperance, immorality, profanity,…

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