What is the scope of judicial review of an action of the department in discharging an employee?
MultiRegion, United States of America
The following excerpt is from Benson v. United States, 421 F.2d 515 (9th Cir. 1970):
"Ordinarily the scope of judicial review of the action of the department in discharging an employee is limited to two main questions: (I) Were the procedural requirements of the statutes and regulations complied with; and (II) was the action of the department officials arbitrary or capricious or not supported by substantial evidence." Vigil v. Post Office Dept., 406 F.2d 921, 924 (10th Cir. 1969).
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