Catricala

Both the State Personnel Board (“Board”) and the petitioner appeal from an order granting a peremptory writ of mandamus which set aside the Board’s determination of punishment in a disciplinary proceeding and remanded the case to the Board for reconsideration.

On May 12, 1972, petitioner, an employee of the Office of State Printing, was served with a notice of punitive action, demoting him indefinitely from the position of offset press assistant to printing trades assistant for causes set forth in Government Code section. 19572.

On September 1, 1972, the Board adopted the proposed decision of the hearing officer which sustained the actions of the Office of State Printing in denying petitioner’s request for sick leave and the indefinite demotion. A petition for rehearing was denied on November 16, 1972.

On January 30, 1973, petitioner filed a petition for writ of mandamus seeking review of the Board’s decision and an order to set aside the decision and penalty imposed. After further proceedings the court, on March 20, 1973, filed its notice of intended decision. The court found there was substantial evidence to sustain the Board’s decision. The court also found,…