Saad, Kirsten Kelly panel overturns lower court decision that technical appointment was arbitrary

A state employee filed an administrative technical appointment complaint, arguing that contrary to state rules, he did not received a promotion for which he was the most qualified applicant.   In Dine v. Civil Service Comm'n, the plaintiff argued that the position had actually been filled, through duplicity, before he was interviewed, and he sought to admit additional evidence to document that fact.  The administrative judge ruled against him, but the decision was overturned by the reviewing Circuit Court judge.  The Court of Appeals panel reversed the Circuit Court Judge, holding that he did not have "a sufficient reason to overturn" the decision in favor of the Defendant.