Power

with whom Skelton, Judge., joins:

“I .respectively dissent from the action of the majority in refusing an en bane rehearing,, limited, however, to the narrow ground of its refusal to reinstate plaintiff to his position as he requested in paragraphs I and VIII of his petition. The court has hold that plaintiff is entitled to back pay because his discharge was illegal since, in the court’s opinion it was an excessive penalty for his offenses. In declining to reinstate plaintiff, the opinion of the court explains it only by saying ‘we have determined not 'to order reinstatement in this action in…