WHITTEMORE, J.
This is an appeal from an order in the Superior Court dismissing a petition for a writ of mandamus. The case was submitted on a statement of agreed facts.
The Commissioner of the Department of Public Works, on June 27, 1963, suspended the petitioner from the position of Director of the Division of Waterways, pending the outcome of his "appeal before the Supreme Judicial Court ... and indictments still pending before the Suffolk Superior Court...
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