The standard of proof in a departmental enquiry is not to prove the guilt beyond reasonable doubt, but by the preponderance of probability.

( 1 ) PETITIONER has prayed for quashing the orders dated 5. 12. 1985 passed by the commandant/railway Protection Force. Northern Railway, Lucknow, by which he was removed from service ; order dated 8. 4. 1987 rejecting the appeal by Deputy Inspector General/ Railway protection Force, Northern Railway, Baroda House, New Delhi and order dated 5. 7. 1989 dismissing the revision of the petitioner by Director General/ Railway Protection Force, Railway board, New Delhi.

( 2 ) I have heard Ms. Suman Sirohi, learned counsel for the petitioner and Sri Lalji Sinha, learned counsel appearing on behalf of the respondents.

( 3 ) PETITIONER was a member of the Railway Protection Force. Northern Railway and was posted as Rakshak at Varanasi. On 26. 9. 1983/ 5. 10. 1983, the petitioner was served with charge-sheet no. E/dc/5/bsb-64 (44), in an enquiry contemplated under Rule 44 of the Railway Protection force Rules, 1959, after holding preliminary inquiry pertaining to the theft of twenty one bags of wheat from wagon No. SR 12700 Ex. Hardoi to Canning stabled in Zafrabad siding on 29. 9. 1982. The charge read as follows :

"head Rakshak Ram Sagar Singh and Rakshaks Kamla Prasad Verma, Lalta Prasad, Kashi Nath misra and Jia Lal Pandey of 36 Coy. Faizabad are charged with serious misconduct, gross remissness and unfit for the force in that while posted at Zafrabad Railway Station during september. 1982, they committed theft of 21 bags wheat valued Rs. 2,625 approx, from wagon no. SR-12700 Ex. Hardoi to Canning stabled at Zafrabad siding on 29. 9. 1982 during duty hrs. of r. Ks. Lalta Prasad and Kamla Prasad Verma from 00 to 0. 8. 00 hrs. shift and during duty hrs. of rakshak Kashi Nath Misra from 16. 00 hrs. to 24. 00 hrs. shift the same day and manipulated the seals of the Wagon. "

( 4 ) SHOW cause notice was issued in response to which replies have been submitted by constables lalta Prasad, Kamla Prasad Verma, Kashi Nath Misra, Jiya Lal Pandey and Hd. Const. Ram sagar Singh. Constables Lalta Prasad, Kamla Prasad Verma and Kashi Nath Misra requested to take lenient view in the matter as the punishment proposed was too severe. Petitioner constable jiya Lal Pandey did not plead guilty. He denied the charge, and submitted a reply.

( 5 ) STATEMENTS of Ram Pher Porter, Zafrabad Railway Station ; Sri S. N. Misra, A. S. M. /boy and sri Pancham Ram S. M. /boy, were recorded in the enquiry. Sri B. L. Pal, Enquiry Officer, reported that constables Jiya Lal Pandey and Ram Sagar were provided sufficient time for giving their defence as well as for recording their statements but they did not avail the opportunity. He found that H. RK. Ram Sagar Singh and RK. Jiya Lal Pandey, RK. Lalta Pd. and RK. Kamla prasad Verma are guilty of the charge but the said charge against RK. Kashi Nath Misra was not proved as he had handed over the charge to his successor on duty and had recorded the details of the charge given in the daily register and had not gone to Zafrabad along with A. S. I. P. R. Misra as he was sick and was in the sick list of A. D. M. O. /j. N. U. He had performed his duty for only one day in the Zafrabad Yard on 29. 9. 1982 and during his duty hours, the seal of the wagon was not broken nor the wagon was resealed. With regard to other constables, including petitioner Jiya lal Pandey, the enquiry officer found that he connived with the constables on duty to get the seal of wagon open and selling the stolen wheat to some Bihari women. He found that the theft was committed with the connivance of R. P. F. staff. Sri Pancham Ram, S. M. /boy, in his statement stated that on 16. 9. 1982, he received information from constable Kripa Shanker Singh to the effect that a theft was committed in wagon No. SR-12700 with the connivance of petitioner, and that the wheat had been sold for Rs. 1,200 to Bihari women sitting at the station. He reached zafrabad Railway Station and found some women sitting in waiting room with wheat in bags and on enquiry b