Sailer v. Philadelphia

Citations

• 273 Pa. 424
• 117 A. 271
• 1922 Pa. LEXIS 591

Syllabus

<p>Municipalities — City of first class — Public employees — Foreman in charge of city hall elevators — Dismissal—Director of public safety — Discretion—Act of June 25, 1919, P. L. 581.</p> <p>1. A foreman in charge of the elevators in the city hall of a city of the first class may, under the Act of June 25, 1919, P. L. 581, he dismissed by the director of public safety for a cause not religious or political, but personal to himself and affecting his public duties, if proper notice of the charges has been given to him.</p> <p>2. In the absence of evidence showing abuse of power or that the dismissal was, in fact, based on causes other than those stated and for reasons unconnected with the fitness of the employee to fill the position he occupied, the court cannot substitute its discretion for that of the head of the department in making the dismissal.</p>