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NICHOLAS CRINITI v. COMMONWEALTH PENNSYLVANIA (03/31/78)

decided: March 31, 1978.

NICHOLAS CRINITI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION (PENNDOT), RESPONDENT



Appeal from action of dismissal by Department of Transportation and denial of grievance in case of In Re: Nicholas Criniti.

COUNSEL

Nino V. Tinari, for petitioner.

Frank A. Fisher, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 34 Pa. Commw. Page 512]

Nicholas Criniti (Criniti), at a time when he was an employe of the Pennsylvania Department of Transportation (PennDOT), was indicted by the Philadelphia

[ 34 Pa. Commw. Page 513]

County special investigating grand jury for conspiring to misapply government property in connection with his employment with PennDOT. On March 15, 1975, Criniti pled guilty to the charges which formed the basis for these indictments but withdrew his guilty plea on December 20, 1976.

As a result of Criniti's guilty plea, the Director of the Bureau of Personnel for PennDOT, by letter dated June 17, 1976, notified Criniti that he was dismissed from his Highway Foreman II position, effective with the close of business on June 18, 1976.

Criniti, pursuant to the Memorandum of Understanding for the Maintenance and Trades Unit for first-level supervisors, timely appealed his termination through the grievance procedure and, by letter dated August 18, 1976, he was informed that his grievance was being denied at Step IV of the grievance procedure.*fn1 On March 9, 1977, Criniti filed with this Court a petition for review and application for preliminary

[ 34 Pa. Commw. Page 514]

    injunction, seeking immediate reinstatement to his position with PennDOT.

On April 1, 1977, PennDOT filed preliminary objections and a motion to quash Criniti's petition for review. On June 13, 1977, after hearing, this Court denied ...


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