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ROBERT J. MASTER v. COMMONWEALTH PENNSYLVANIA (07/23/74)

decided: July 23, 1974.

ROBERT J. MASTER, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, APPELLEE



Appeal from the Order of the State Civil Service Commission in case of In the Matter of the Dismissal of Robert J. Master, Enforcement Officer I, Liquor Control Board, No. 1406.

COUNSEL

Harry A. Englehart, Jr., with him Englehart, Creany, Englehart & Leahey, for appellant.

J. Leonard Langan, Assistant Attorney General, with him Welton J. Fischer, Assistant Attorney General, and Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 14 Pa. Commw. Page 394]

This is an appeal from an adjudication of the Pennsylvania Civil Service Commission (Commission) which sustained the action of the Pennsylvania Liquor Control Board (PLCB) in removing Robert J. Master (Master) from his position as an Enforcement Officer I, regular status.

On October 18, 1972, two Pennsylvania State Policemen, Troopers Galbraith and Danner, undercover agents working in the Johnstown, Pennsylvania, area observed Master in "Tony's U-Bar." Trooper Galbraith overheard a conversation between Master and one Anthony H. Brown, the licensee of "Tony's U-Bar," concerning this Commonwealth's removal of the tax stamps from liquor bottles and of the ramifications of such an action.*fn1 Both officers also observed that Master made a Five Dollar ($5.00) bet on a World Series game with Brown.

After these observations were transmitted to Master's superiors in the PLCB, he was notified by mail that he was removed from his position effective February 23, 1973. Master then filed an appeal with the Commission under Section 951(A) of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 72

[ 14 Pa. Commw. Page 395]

P.S. ยง 741.951(G). The Commission upheld Master's dismissal and this decision has been appealed to this Court.

Appellate review of a decision of the State Civil Service Commission is limited to a determination of whether the findings of the Commission are supported by substantial evidence and whether an error of law has been committed, or the constitutional rights of the Appellant have been violated. Ricker v. State Civil Service Commission, 7 Pa. Commonwealth Ct. 329, 300 A.2d 293 (1971).

The Commission sustained Master's removal as based on "just cause"*fn2 due ...


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