Gilmore

Petitioner was dismissed by the State Personnel Board from his civil service position as a drivers’ *442 license examiner in the Department of Motor Vehicles. He sought a writ of mandate, in the superior court, compelling the Personnel Board to reinstate him in the position. His petition was denied. He appeals from the judgment.

Appellant contends that the Personnel Board proceeded in excess of its jurisdiction and abused its discretion in dismissing him.

On November 17, 1930, the Department of Motor Vehicles employed petitioner as a drivers’ license examiner. He attained permanent civil service status in that position. When petitioner was first employed, and for a number of years thereafter, the department did not require examiners to wear a uniform. On August 29, 1938, the director of the department issued an order which provided that all examiners were to “provide themselves” with a uniform of the military type, as specified in the order, by November 1, 1938. Petitioner purchased a uniform of the specifications stated in the order, and from November 1, 1938, until October 28, 1943, he wore a uniform which complied with the specifications. On October 28, 1943, the director…

I concur.Petitioner’s conduct was captious and constituted insubordination. He suffered no loss of compensation and no detriment. While he was wearing his uniform he was not wearing out his blue suit.

A petition for a rehearing was denied July 14, 1958, and appellant’s petition for a hearing by the Supreme Court was denied August 13, 1958.

WOOD (Parker), J.

Petitioner was dismissed by the State Personnel Board from his civil service position as a drivers' license examiner in the Department of Motor Vehicles. He sought a writ of mandate, in the superior court, compelling the Personnel Board to reinstate him in the position. His petition was denied. He appeals from the judgment.

Appellant contends that the Personnel Board proceeded in excess of its jurisdiction and abused its discretion in dismissing him.

On November 17, 1930, the Department of Motor Vehicles employed petitioner as a drivers' license examiner. He attained permanent civil service status in that position. When petitioner was first employed, and for a number of years thereafter, the department did not require examiners to wear a uniform. On August 29, 1938, the director of the department issued an order which provided that all examiners were to "provide themselves" with a uniform of the military type, as specified in the order, by November 1, 1938. Petitioner purchased a uniform of the specifications stated in the order, and from November 1, 1938, until October 28, 1943, he wore a uniform which complied with the specifications. On October 28, 1943,…