superior because he had successfully appealed an earlier PER.
Plaintiff's handicap discrimination and his claim of retaliation for aiding a woman in her Title VII claim were investigated by an Equal Employment Opportunity investigator, and an administrative decision unfavorable to plaintiff was issued on August 14, 1981. Plaintiff's other claim that the entire review process was poisoned by the vendetta against him by his superior, Charles Wiesneth, was eventually heard before hearing examiner Melvin R. Cohen. Plaintiff was represented by counsel, allowed to introduce evidence, examine and cross-examine witnesses, and testify in his own behalf. The hearing examiner expressly considered plaintiff's claims that the supervisors had merely engaged in a pro forma exercise to get rid of him and concluded that the claims were unsupported by credible evidence. Theclearly erroneous. Since substantial evidence exists in the record to justify the agency's action, the court affirms the finding of the hearing officer that plaintiff's downgrade was not due to the bias or vindictiveness of his superiors.
Plaintiff in his brief and in his arguments below pointed to several failures of the agency to comply strictly with its own internal regulations prior to the time plaintiff received his Advance Notice of Downgrade. The court finds that these violations were minor and did not deprive plaintiff of due process. Given the administrative hearing officer's conclusion that bias against plaintiff was not a factor in the decision-making process, the court cannot say that plaintiff was deprived of the essentials of due process  fair notice of the complaints against him and