State ex rel. Moore v. Sanders

I disagree with the basic premise for denial of the writ of mandamus, namely, that appellant allowed an unreasonable time to elapse from the date of his discharge, January 30,1976, to September 21, 1977, the date of filing the first mandamus action, and is therefore guilty of laches which bars mandamus relief. The writ of mandamus should be granted.

Ohio courts have consistently held that when an appointing authority fails to follow the mandatory provisions of R. C. 124.34 the removal is invalid and the employee is entitled to a writ of mandamus ordering his reinstatement. State, ex rel. Bay,…