Rajan

Rajan v. Principi

Good Law
90 F. App'x 262
United States Court of Appeals for the Ninth CircuitMarch 16, 2004No. 03-15264; D.C. No. CV-01-00277-PMPCalifornia407 words

Opinion

Lead Opinion

*263 MEMORANDUM *

Dr. T.S.S. Rajan (“Rajan”) appeals the decision of the Secretary of the Department of Veterans Affairs (‘VA”), affirmed by the Disciplinary Appeals Board (“the Board”) and the district court, to discharge him from his position as a physician at the Las Vegas Veterans Medical Center.

The VA’s termination decision was based on seven charges against Rajan, all of which were reasonably deemed by the agency to be violations of the VA’s Medical Center Memorandum and a federal regulation prohibiting a government employee from engaging in “conduct prejudicial to the Government.” Leave Administration, Medical Center Memorandum, 05-98-06 (August 1998); Employee Conduct, Medical Center Memorandum, 05-98-25 (September 1998); 5 CFR § 735.203 . Under the highly deferential standard of review of 38 U.S.C. § 7462 (f)(2)(A), we cannot say that the agency’s decision to terminate an employee who had violated the agency’s policy memorandum and the applicable, albeit broader, federal regulation was arbitrary and capricious. See Hotel Employers Ass’n of S.F. v. Gorsuch, 669 F.2d 1305, 1307 (9th Cir.1982) (agency action must be affirmed if “a reasonable basis existed for its…

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