Concurring Opinion by
Judge Kramer :While I concur in the results of the majority opinion, 1 must register this disagreement with the rationale of the majority opinion.
I concur because as the majority correctly observed, the lower court was given the discretionary power to determine the case (the appeal from the Civil Service Commission) “as the court deems proper” (53 P.S. §55645).
*400What gives me concern is the strong proscriptions of the majority that the Commission cannot modify the penalty (i.e., suspension, removal or reduction in rank).
The pertinent parts of Section 645 of The First Class Township Code, Act of June 24, 1931, P. L. 1206, as amended, 53 P.S. §55645, are quoted in the majority opinion. Among other things, it states that: “No order of suspension made by the Commission shall be for a longer period than one year .... The decision of the court affirming or reversing the decision of the Commission . . . .” (Emphasis added.) It seems clear that the court is directed to rule on the adjudication of the Civil Service Commission and not that of the Township Commissioners. This statutory language says to me that the Civil Service Commission has the power and the duty to perform a service entailing more than a mere “yes” or “no” vote on upholding the penalty imposed by the Township Commissioners, as the majority implies. The statute permits a de novo hearing before the Civil Service Commission, with all the trappings of an adversary proceeding, i.e., written charges, an answer thereto, counsel representing both sides, subpoena powers, and stenographic records of the proceeding. To me, a de novo hearing contemplates a possible different result, wholly or partially, based upon the new record made.
Police officers often deal in very delicate or emotional human affairs. Sometimes the political overtones control the leniency or severity of the penalty. It could very well happen that the record made before the Civil Service Commission would adequately support the technical charges made by the Township Commissioners, but fail miserably to justify the absolute removal of the police officer from the police force forever. My reading of the statute leads me to believe that the Civil Service Commission has discretionary *401powers to modify the penalty. The Township, its citizens, and its Commissioners are protected from possible abuse by the Civil Service Commission by the Township’s right to appeal to the courts in the same manner as the police officer.
There is nothing in the statute which says the court must conduct a de novo hearing, yet without hearing and seeing the witnesses, it has been given specifically the power to modify the penalty. It makes more sense to permit the Civil Service Commission, which hears the testimony, to have similar discretionary powers, and the statute does not specifically prohibit this. To permit the Civil Service Commission to modify the penalty will permit cases to be concluded at that level. To restrict the Civil Service Commission from modifying a penalty, which may be unfair, unreasonable or based upon some capricious acts of the Township Commissioners almost guarantees appeals to the courts, a result certainly not desirable nor intended by the Legislature.
In conclusion, my reading of the record would lead me to affirm the lower court on its proper use of its discretion based upon the record made. I would not limit the Civil Service Commission for reasons stated herein.