1 9 D.B. CIVIL SPECIAL APPEAL (W) NO.15/2010. Narayan Singh Vs. State of Rajasthan & Ors. .... Date of Order :: 10th February 2010. HON'BLE THE CHIEF JUSTICE SHRI JAGDISH BHALLA HON'BLE SHRI JUSTICE DINESH MAHESHWARI Mr. Swaroop Singh, for the appellant. ..... BY THE COURT: This intra-court appeal arises out of the order dated 29th October 2009 passed in a writ petition wherein the petitioner-appellant had challenged the order of removal from services. The petitioner was a constable in the State Police and he was charge-sheeted for certain allegations of misconduct. After inquiry, an order of removal from services was passed against the petitioner on 30th September 1995. Aggrieved, the petitioner filed an appeal, which was dismissed by an order dated 27th August 1996. Aggrieved by the above two orders, the petitioner preferred a writ petition, being S.B. Civil Writ Petition No. 648/1997. After hearing the parties, the learned Single Judge passed a detailed and reasoned order dismissing the writ petition. Aggrieved by the same, the petitioner-appellant has preferred the present special appeal. 2 The learned counsel for the appellant has raised three issues. First, that the identification parade was not taken into consideration by the learned Single Judge; second, that the allegation of bias was not considered by the learned Single Judge; and third, that personal hearing was not afforded by the Appellate Authority. The learned counsel for the appellant has failed to show any provision which would lead us to a conclusion that the personal hearing was required to be given by the Appellate Authority. This apart, from the perusal of the order of the Appellate Authority, it is crystal clear that the appellant was indeed heard in person. So far as the allegation of bias is concerned, though it has been argued that the same has not been considered by the learned Single Judge, however, the appellant has failed to implead the official concerned by name against whom the allegation of bias was made. Moreover, we find that the learned Single Judge has considered and has pointed out baselessness of such allegation of bias against the police officials who carried out investigation. In the criminal case, the appellant was given the benefit of doubt and the writ petition has been decided by the learned Single Judge in the light of the judgments rendered in the 3 cases of Manager, Reserve Bank of India, Bangalore Vs. S. Mani & Ors. : 2005 (5) SCC 100 and Commissioner of Police, Delhi Vs. Narendra Singh : AIR 2006 SC 1800. We find that there was no reason to take into consideration the identification parade in the departmental enquiry; and the learned Single Judge has rightly pointed out that in the departmental proceedings, the standard of proof is not the same as in a criminal case. The disciplinary authority may proceed on preponderance of probabilities. We have perused the judgment of the learned Single Judge and we do not find that he has erred in dismissing the writ petition of the appellant. In fact, we are in agreement with the findings of the learned Single Judge. Accordingly, the appeal fails and is, therefore, dismissed. (DINESH MAHESHWARI),J. (JAGDISH BHALLA),CJ. /Mohan/