Gallagher v. Blankenburg

Citations

• 248 Pa. 394
• 94 A. 132
• 1915 Pa. LEXIS 584

Syllabus

<p>Municipalities — Cities of the first class — Police hoard — Police officer — Dismissal — New trial — Reinstatement — Civil Service Commission — Duty to reinstate officer wrongfully dismissed.</p> <p>1. The tribunal provided by Article III, Section 1, of the Act of June 1, 1885, P. L. 31, for the trial of offenses committed by police officers and firemen in cities of the first class, may reopen a case and grant a new trial upon petition of a police officer, who, in accordance with recommendations of such court, has been dismissed from the service.</p> <p>2. It is the duty of the civil service commission of cities of the first class to honor the requisition of the proper officials for the reinstatement of ¡a police officer who has been dismissed from the service but who has obtained a new trial, and upon such new trial, has been acquitted, where the mayor and director of public safety recommended his reinstatement. The Civil Service Commission has no authority to review the findings of such trial court, nor can it capriciously or arbitrarily disregard them.</p>