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STATE, DEPT. OF ADM. OFFICE OF ADM. SERV. v. HUNTER

No. Y-351.

323 So.2d 24 (1975)

STATE of Florida, DEPARTMENT OF ADMINISTRATION, OFFICE OF ADMINISTRATIVE SERVICES, Petitioner, v. Robert R. HUNTER, Jr., and Ed Duffee, Jr., et al., Respondents.

District Court of Appeal of Florida, First District.

November 26, 1975.

Attorney(s) appearing for the Case

David V. Kerns and Bishop C. Holifield, Tallahassee, for petitioner.

Robert R. Hunter, Jr., Career Service Commission and E.C. Deeno Kitchen and C. Everett Boyd of Ervin, Varn, Jacobs & Odom, Tallahassee, for respondents.

SACK, MARTIN, Associate Judge.

By Petition for Writ of Certiorari, Petitioner challenges the order of Respondent Career Service Commission altering petitioner's termination of the employment of Respondent Hunter and reducing the punishment imposed on Respondent Hunter, to a suspension for 90 days without pay.

In view of our past holdings, we again reiterate that "... sole discretion to determine whether the employee is to be dismissed or suspended is vested...

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