JYOTI SHARMA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 3.4.2017 passed by the Assistant Commissioner-II, Devasthan Department, Jaipur. The order was passed on an application of the petitioners for framing of issues in the enquiry under section 23 of the Rajasthan Public Trust Act, 1959 (in short "the Act of 1959").

(2.) It is submitted that an application by the petitioners has been dismissed in ignorance of section 18 and 67 of the Act of 1959. The provisions of the Code of Civil Procedure apply to the proceedings before the Commissioner, Devasthan yet the application for framing of the issues has been dismissed. In absence of the issues, enquiry would remain in absurdity.

(3.) As per sections 18 of the Act of 1959, certain issues are required to be looked into while making enquiry under section 2 It cannot be in absence of framing of issues thus impugned order may be set aside with a direction to the Assistant Commissioner to frame issues and then proceed in the enquiry. Reference of the judgment of the Apex Court in the case of "AA Haja Moniuddian v. Indian Railways", AIR 1993 SC 361 has been given.