Forstner

The principal question is whether there was reasonable cause for the dismissal of respondent from his position as a permanent civil service employee, a probation officer of the juvenile court. The cause for dismissal was his refusal to shave his beard on order of the chief probation officer. The chief probation officer, acting as hearing officer, decided that the charge of insubordination was sustained by the evidence. On appeal to the Civil Service Commission, the decision was upheld. The superior court granted writ of mandate restoring respondent’s position and directing payment of back salary.

The charge against respondent was stated in a letter to him from the chief probation officer as “insubordination in that you refuse to comply with my order to shave your beard, which you grew while on vacation at the end of your probationary period . . . your wearing a beard is inimical to your effectiveness as a Probation Officer in that it tends to identify you with ‘beaktnikism’, which stands for attitudes incompatible with your assignment as a Probation Officer. ’ ’

There was no written rule relating to personal appearance of probation officers, but the chief probation officer, when…