Pranger

Petitioner and appellant Edward Pranger, a civil service employee, sought a writ of mandate in the superior court against respondents S. Wesley Break and members of the Board of Supervisors acting as ex officio members of the Air Pollution Control Board of San Bernardino County (hereinafter referred to as APCB) and members of the Civil Service Commission, seeking a judicial review of the administrative adjudication by the Civil Service Commission under Government Code section 11523, which commission sustained the dismissal of appellant upon grounds of 11 conduct unbecoming an employee” upon certain specified grounds. The trial court upheld the action of the Civil Service Commission and denied the writ. The appeal is from this judgment.

There is no material dispute as to the facts. The case was tried in the superior court predicated on the joint pretrial conference statement and order and exhibits listed therein. Accordingly, the parties agreed, and the pretrial order indicates, that the petitioner, an employee of the APCB in the capacity of Clerk IV, was discharged from such position as of August 29, 1958. The dismissal was accomplished by means of a letter dated August 20, 1958,…