John A. Fletcher, Jr. v. The United States

ON PLAINTIFF’S MOTION AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This suit for back pay calls on us once again to review the legality of a federal employee’s separation from the service for alleged misconduct. It is before us on cross-motions for summary judgment. We hold that the employing agency has not followed its own regulations and therefore the removal was illegal and plaintiff must prevail.

Plaintiff, a veterans preference eligible, was employed by the United States Post Ofifce Department as a Postal Inspector. By letter dated August 17, 1963, plaintiff was advised…