McCANN, APLNT. v. COMTH., ET AL.

No. 470 C.D. 1974.

17 Pa.Commw. 127 (1975)

James L. McCann, Appellant, v. Commonwealth of Pennsylvania, James D. Barger, Commissioner, Pennsylvania State Police, Appellees.

Commonwealth Court of Pennsylvania.

January 16, 1975.


Attorney(s) appearing for the Case

Wallace C. Worth, Jr., with him Jeffrey R. Dimmich, and Worth & O'Hara, for appellant.

J. Andrew Smyser, Deputy Attorney General, with him Benjamin Lerner, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued December 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, Jr., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.


OPINION BY JUDGE MENCER, January 16, 1975:

In McCann v. Barger, 11 Pa.Commw. 517, 314 A.2d 35 (1974), we held that the action of the Commissioner of the Pennsylvania State Police, reducing in rank Lieutenant James L. McCann (McCann) by a personnel order, without court-martial, was contrary to Section 205(e) of The Administrative Code of 1929, as amended, Act of April 9, 1929, P.L. 177, 71 P.S. § 65(e) (Supp...

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