JUDGMENT

1. Heard.

2. This appeal arises out of order dated 22.09.2021 passed by the learned Single Judge, whereby, writ petition filed by the appellant assailing order dated 09.09.2021 passed by the Assistant Commissioner (Second), Devasthan Department allowing the prayer for cross-examination, has been dismissed.

3. Learned counsel for the appellant would submit that the enquiry contemplated under Section 23 of the Rajasthan Public Trusts Act, 1959 (hereinafter referred to as 'the Act') by the Assistant Commissioner is summary in nature and, therefore, there was no occasion for the Assistant Commissioner to allow cross-examination.

4. Relying upon order dated 20.04.2017 passed by the learned Single Judge of this Court in Jyoti Sharma & Another Vs. Assistant Commissioner, Devasthan (II), Jaipur & Others. (S. B. Civil Writ Petition No. 5606/2017), it has been argued that the principles laid down in the aforesaid decision do no allow the enquiry authority to allow cross-examination of the person who has submitted affidavit during enquiry.

5. After hearing learned counsel for the appellant, we are of the view that the grounds on which order of learned Single Judge has been challenged, to