Whoriskey

Petitioner appeals from the order and judgment of the superior court denying a writ of mandate to restore him to his previous civil service position as ambulance driver for the San Francisco Department of Public Health.

By letter dated July 10, 1959, the director of public health summoned petitioner to appear before him, at a public hearing, on July 17, 1959, at 10 a.m., to show cause why he should not be dismissed from the service of the department. The charge was stated therein as follows: "Inattention to duties, namely failing to report for duty on July 2, 1959. To date this year you have been off duty 7 times without a satisfactory explanation. ’ ’

The hearing was held on July 17, 1959, but petitioner was not present. So a rehearing was held on November 12, 1959, at which time petitioner and his counsel were present. The record of this second hearing is the only one considered herein.

At the conclusion of this hearing the public health officer dismissed the petitioner from the service for inattention to duty. Petitioner argues that he was charged on two grounds, one, that he failed to report for duty on July 2, 1959, and, two, that he had been off duty seven times without a…