Monday v. United States

Discharged on March 16,1956, for inefficiency, as a civilian employee of the Department of the Air Force, the plaintiff seeks payment of his salary from that date, on the averment that his dismissal was unlawful. The illegality, he says, consisted of the defectiveness of the removal procedure, arbitrariness and capriciousness in the decision, and a violation of the Performance Bating Act of 1950, post. Cross-motions for summary judgment tender the issue; we think the defendant should prevail.

*8Contrary to the suggestion of the plaintiff, the record clearly discloses that the Government acted…