A-22652, APRIL 30, 1928, 7 COMP. GEN. 688

A-22652: Apr 30, 1928

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COMPENSATION - RURAL CARRIERS - DISMISSED FOR ATTEMPTED DESTRUCTION OF MAIL MATTER A RURAL CARRIER DISMISSED FROM THE SERVICE FOR ATTEMPTING TO DESTROY MAIL MATTER IN ORDER TO BE RELIEVED OF THE NECESSITY OF DELIVERING SAME IS NOT ENTITLED TO COMPENSATION FOR ANY PERIOD SUBSEQUENT TO THE DATE OF THE LAST PAY PERIOD PRIOR TO HIS DISMISSAL. 1928: I HAVE YOUR LETTER OF APRIL 23. THE PAY PERIOD PREVIOUS TO THE DATE ON WHICH HE WAS DISMISSED FROM THE SERVICE FOR ATTEMPTING TO DESTROY MAIL MATTER. THE DATE TO WHICH HIS PAY PERIOD WOULD BE EXTENDED IF HE WERE GRANTED THE LEAVE WITH PAY TO WHICH HE WOULD ORDINARILY BE ENTITLED. IT APPEARS THAT THE EMPLOYEE IN QUESTION WAS A RURAL CARRIER AT CLEVELAND.

A-22652, APRIL 30, 1928, 7 COMP. GEN. 688

COMPENSATION - RURAL CARRIERS - DISMISSED FOR ATTEMPTED DESTRUCTION OF MAIL MATTER A RURAL CARRIER DISMISSED FROM THE SERVICE FOR ATTEMPTING TO DESTROY MAIL MATTER IN ORDER TO BE RELIEVED OF THE NECESSITY OF DELIVERING SAME IS NOT ENTITLED TO COMPENSATION FOR ANY PERIOD SUBSEQUENT TO THE DATE OF THE LAST PAY PERIOD PRIOR TO HIS DISMISSAL.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, APRIL 30, 1928:

I HAVE YOUR LETTER OF APRIL 23, 1928, REQUESTING DECISION WHETHER THE PAY STATUS OF ROBERT B. MIDDLETON, FORMER RURAL CARRIER AT CLEVELAND, MISS., ENDED ON MARCH 15, 1928, THE PAY PERIOD PREVIOUS TO THE DATE ON WHICH HE WAS DISMISSED FROM THE SERVICE FOR ATTEMPTING TO DESTROY MAIL MATTER; ON MARCH 30, 1928, THE LAST DAY OF ACTUAL SERVICE; OR ON APRIL 10, 1928, THE DATE TO WHICH HIS PAY PERIOD WOULD BE EXTENDED IF HE WERE GRANTED THE LEAVE WITH PAY TO WHICH HE WOULD ORDINARILY BE ENTITLED.

IT APPEARS THAT THE EMPLOYEE IN QUESTION WAS A RURAL CARRIER AT CLEVELAND, MISS. IT HAS BEEN LEARNED INFORMALLY THAT THE OFFENSE LEADING TO THE DISMISSAL FROM THE SERVICE WAS THE THROWING INTO A STREAM, IN ORDER TO BE RELIEVED OF THE NECESSITY OF DELIVERING IT, OF MAIL MATTER OF THE THIRD CLASS, SUCH AS MAIL-ORDER CATALOGUES, CIRCULARS, AND MISCELLANEOUS ADVERTISING MATTER. IT DOES NOT APPEAR THAT THE GOVERNMENT HAS SUFFERED ANY FINANCIAL LOSS IN THE MATTER. THE DATE OF DISMISSAL WAS MARCH 30, 1928.

THE DECISION OF THE CRAWFORD CASE, MARCH 3, 1927, A-15584, REFERRED TO IN YOUR LETTER, HELD THAT THE EMPLOYEE CONCERNED WAS NOT ENTITLED TO COMPENSATION AFTER THE DATE OF THE LAST PAY PERIOD PRIOR TO THE DATE OF DISMISSAL. THE OFFENSE IN THAT CASE WAS THE THEFT OF UNCOMPLETED CURRENCY, AND THE DECISION WAS BASED ON THE BREACH OF CONTRACT TO RENDER FAITHFUL SERVICE.

IN THE CASE PRESENTED BY YOU THE OFFENSE FOR WHICH THE EMPLOYEE WAS DISMISSED FROM THE SERVICE WAS DIRECTLY CONNECTED WITH THE DUTIES WHICH HE WAS CALLED ON TO PERFORM, AND THEREFORE CONSTITUTES A BREACH OF CONTRACT TO RENDER FAITHFUL SERVICE, AS IN THE CRAWFORD CASE, CITED SUPRA.

ACCORDINGLY, YOU ARE ADVISED THAT ROBERT B. MIDDLETON IS NOT ENTITLED TO COMPENSATION FOR ANY PERIOD SUBSEQUENT TO MARCH 15, 1928, THE DATE OF THE LAST PAY PERIOD PRIOR TO HIS DISMISSAL FROM THE SERVICE.