from his Civil Service position; that the Assistant Secretary of the Navy preferred new charges against the plaintiff allowing him five days to make a reply, with a right to a hearing if desired; that the plaintiff made application for a hearing, and that such a hearing will take place; that if the plaintiff's case is not settled to his satisfaction, he may appeal in writing to the Secretary of the Navy. The allegations of the affidavit are not denied.
I think this action is premature and does not lie because the matter is still pending administratively. We do not know and no one can foretell what the outcome of the administrative proceeding will be. The plaintiff is now in a suspended status. For all we know, the Secretary of the Navy may restore him to duty. Obviously, the Court may not grant an injunction directing the Secretary of the Navy to restore the plaintiff to duty until the Secretary has disposed of the matter administratively and finally.
There is, however, a broader principle which governs the disposition of this case. The courts have no power to review the action of an agency of the executive branch of the Government in separating one of its employees from the service, provided the procedural requirements of the law have been complied with by the executive agency. If the procedural limitations have been transgressed, for example, if a Government employee with Civil Service status is removed without charges or without an opportunity to answer charges in violation of the Civil Service Act, 5 U.S.C.A. § 632 et seq., the Courts may interfere. If, however, the procedural requirements are observed, then the Court has no power to review the decision of the executive agency on the merits, even if the Court deems the decision to be erroneous.
If, for example, there is a charge of inefficiency and that charge is sustained by the executive agency, this Court would have no power to review the administrative action. An exception exists in respect to veterans preference which the courts will protect.
The Court may be in a position to review the question whether the procedural requirements have been observed. There is no evidence in this case of any failure to comply with any administrative regulations. On the contrary, the undisputed facts are that they are being complied with and that the administrative procedure has not been completed.
Defendant's motion for summary judgment granted.