Michael J. Cafferello v. United States Civil Service Commission, Secretary of the Navy

The Secretary of the Navy appeals the decision of the district court ordering that Michael Cafferello be reinstated to his civilian job with the Navy. The Navy contends that the procedures used to effectuate Caf-ferello’s removal comported with due process and that the penalty of removal was not grossly disproportionate to the transgressions committed by Cafferello. Finding no procedural error and no abuse of discretion, we are compelled to reverse the judgment of the district court.

At the time of his removal, Cafferello was Supervisory Physical Science Technician (grade GS 12/6), serving as head of the Radiological Support Division at the Pearl Harbor Naval Shipyard (PHNS). Including active military duty, he had accumulated over 19 years of governmental service.

On March 20, 1974, Cafferello received a notice of proposed removal from his supervisor, George Major, and on April 26, 1974 was removed. The notice charged Cafferel-lo with the following: (1) unauthorized use of a government vehicle (to visit a car repair facility off base); (2) soliciting sales on two occasions on shipyard premises; (3) soliciting the sale of intoxicants on Navy premises; and (4) selling intoxicants…