Wittner v. United States

JONES, Chief Justice.

Plaintiff, a government employee entitled to veteran’s disability preference, was dismissed from his position without benefit of the procedure set forth in Section 14 of the Veteran’s Preference Act of 1944. Upon appeal to the Civil Service Commission that body found that the dismissal was in violation of the procedure provisions of such veterans’ act. Plaintiff was reinstated.

The question is whether he can recover his salary for the period between his dismissal and reinstatement.

The issue turns on whether the procedure provisions in such act are mandatory or merely…