Borders

R. W.Borders appeals from a judgment denying his petition for a writ of mandate. He was a policeman, with civil service classification, in the police department of Beverly Hills from March to October 7, 1960. On September 29, 1960, the chief of police notified him by letter that he was discharged from such position, as of October 7, 1960, for the following causes: misconduct, failure to perform duties and to observe rules and regulations of the department. Also on September 29, the chief of police filed with the civil service commission and the administrative officer a written statement of his reasons for the discharge. Some of the reasons stated therein were: improperly obtaining an arrest report of one Christi from a clerk of the police department; and falsely stating to the chief of police that he had not furnished the report to a certain person, that he had not obtained the report from any of the department personnel, that he had not seen the report or had any connection with it.

On October 13, Borders filed with the personnel officer a notice of appeal from the order discharging him. The notice was ‘‘ subscribed and sworn to ’ ’—it was not ‘‘ verified. ’’ Therein he denied…