Stewart

Prior to September 30, 1964, respondent Stewart was a permanent civil service employee of the State of California, holding the position of Parking Facilities Analyst in the Department of General Services. On September 8, 1964, the Director of General Services notified Stewart by letter that he was being laid off as of September 30, 1964, pursuant to the provisions of section 19530 of the Government Code,‘ ‘ due to lack of work. ’ ’

Stewart appealed to the State Personnel Board, which after a hearing denied his appeal. He then sought a judicial review of this administrative decision in the superior court pursuant to the provisions of section 1094.5 of the Code of Civil Procedure. The court set aside the decision of the board and referred the matter back to the board for further proceedings. In so doing the court found that the decision of the board contained no finding on the issue of whether there was in fact a lack of work and that there were no facts in the record showing that the organization report, which among other things abolished Stewart’s position, was put into effect.

The State Personnel Board appeals from this decision and contends that: (1) the director of the…