Power

On June 14, 1971, appellant Joseph A. Power, Jr., filed a first amended petition alleging he had made a formal request to file charges with respondent board, against a fellow state employee. The request included 21 declarations under oath. This original request to file was summarily denied and on September 30, 1970, appellant again his request to file charges. This second request was denied on January 5, 1971, again without a formal hearing before respondent board. Pursuant to a request of respondent, the accused Robert P. Mannen and the Attorney General filed a joint letter response to the accusations, a copy of which was provided to appellant along with respondent’s denial of con *276 sent. Appellant finally alleged that the refusal of respondent to hold any hearings on the request to file charges was an abuse of respondent’s discretion, and further alleged such action was arbitrary and capricious.

The writ was denied with the trial court holding that mandate does not lie to control discretionary acts (namely, the granting or denying of consent to file charges) the exercise of which is exclusively vested in respondent. (See Gov. Code, § 19583.5.) Further, even assuming…