Opinion
No. 37057
Decided December 20, 1961.
Civil service — Removal from position in classified service — Restoration to position — Mandamus — Not available where adequate remedy by appeal.
APPEAL from the Court of Appeals for Lucas County.
This action in mandamus was instituted in the Court of Appeals by a patrolman in the Police Division of the Department of Public Safety of the City of Toledo against the director of public safety and the chief of police of that city.
The relator was appointed patrolman pursuant to a competitive civil service examination. He was later suspended by the chief of police and thereafter received notice from the director of public safety advising relator that the director had inquired into charges filed against relator by the chief of police; that he found relator guilty of such charges; and that relator was dismissed.
Relator appealed to the Civil Service Commission of the City of Toledo which disaffirmed the dismissal and ordered relator's immediate reinstatement to his former position. Upon notice of the commission's action, the chief of police immediately again suspended relator from his position and handed him written charges setting forth the same charges on which relator had theretofore been suspended. Relator contends that the action of the chief of police was in violation of Section 143.26, Revised Code, relative to suspension of civil service employees, and of certain provisions of the Toledo City Charter.
The prayer of the petition is that respondents be required to restore relator to his former position.
The Court of Appeals denied the writ.
An appeal as of right brings the cause to this court for review.
Mr. Jas. Slater Gibson, for appellant.
Mr. Louis R. Young, director of law, Mr. John J. Burkhart and Mr. Frank T. Pizza, for appellees.
Relator is afforded an adequate remedy in the ordinary course of the law by way of appeal. A writ of mandamus may be denied where there is a plain and adequate remedy in the ordinary course of the law. State, ex rel. Harris, Chief of Police, v. Haynes, Mayor, 157 Ohio St. 214; State, ex rel. Oliver, v. State Civil Service Comm., 168 Ohio St. 445; State, ex rel. Farmer, v. McCormick, Dir., 171 Ohio St. 530.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.