affirming commission’s decision reducing indefinite suspension to temporary six-month suspension without pay
How later courts described this case
- affirming commission’s decision reducing indefinite suspension to temporary six-month suspension without pay
- analyzing whether an administrative proceeding denied a party procedural due process
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
Respondent in his motion for rehearing correctly points out that the trial court in its judgment sustained by general reference several of his allegations attacking the suspension order of June 24, 1964, and its sustainment by Petitioner by order dated August 28, 1964, of which complaint was made by Petitioner as Appellant in the Court of Civil Appeals; further, that neither the Court of Civil Appeals nor this Court has expressly written upon these points. He prays in the alternative that the severed cause involving these proceedings be remanded to the Court of Civil Appeals for consideration of these points. Without enumerating them, suffice it to say the points in question are essentially cumulative attacks upon the orders bottomed upon or flowing from the construction of Arti *314 cle 1269m urged by Respondent. The absence of merit in these points follows from our construction of the statute contrary to the contentions of Respondent which means, in turn, that the trial court erred in the referred to respects.
The motion for rehearing is overruled.