Madden

This is an appeal by petitioner from an order of the superior court denying his petition for a writ of mandate by which he sought to review the action of the defendant Civil Service Commission of the City of Stockton, upholding his discharge from his civil service position as sergeant of the Stockton Police Department.

Pursuant to certain provisions of the city charter, the chief of police recommended to the city manager that the petitioner be discharged. In response thereto the city manager, likewise in accordance with said charter provisions, discharged the petitioner. The letter of discharge set forth three separate charges; however, since it appears that the first charge is amply sufficient to sustain the action of the commission, and since the third charge was dismissed, it becomes unnecessary to discuss the second.

The provisions of the city charter pertinent to the questions raised in this appeal provide in part that the tenure of anyone holding a civil service position “. . . shall be only during good behavior, and any such person may be . . . discharged, . . . for ... (b) any wilful failure on the part of the employee to prop *895 erly conduct himself ...” (Art. XXXII,…