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Leonardo Avila vs. Pedro M. Gimenez

LEONARDO AVILA, petitioner-appellant, vs. PEDRO M. GIMENEZ, as Auditor General, ABELARDO SUBIDO, as Commissioner of Civil Service, THE PROVINCE OF BUKIDNON, LUIS R. LLAUDER, as Provincial Treasurer of Bukidnon and MELQUIADES P. VARIAS, respondents-appellees.

G.R. No. L-24615 | 1969-02-28

D E C I S I O N 


FERNANDO, J.: 

Under the Civil Service Law, 1 a situation confronting us would not have occured as it is therein expressly provided that when an administrative case against an officer and employee "under preventive suspension is not finally decided by the Commissioner of Civil Service within the period of sixty (60) days after the date of suspension of the respondent, [he] shall be reinstated in the service." 2 That was not so before. 

In the case before us, petitioner was preventively suspended by the Auditor General from his position as Provincial Auditor of Bukidnon on January 13, 1951 and was not recalled...