Keeling v. United States

Unlike the court, I find that the Civil Service Commission abused its discretion when it refused the plaintiff the right to reinstate his appeal to that body. The regulation (5 C.F.E. § 22.305) provided for the reopening of a “closed appeal”, in the Commission’s discretion, “upon a showing that circumstances beyond the control of the appellant prevented him from prosecuting the appeal.” The Commission’s Board of Appeals and Beview read this, too narrowly, *254as requiring proof that plaintiff was actually prevented by external forces from prosecuting his appeal. The regulation, in my opinion, is…