Dr. Vineet Kothari, J. - (1.) THE present case pertains to 50 years back in history. The petitioner at the relevant point of time was working as Lower Division Clerk (LDC) in the Department of Commercial Taxes (ACTO, RPGT, Ward -'C', Jodhpur. He along -with other clerical staff, ten in number, of the said Department were jointly charge sheeted for disciplinary action on account of certain missing files of the assessment record of the tax assessees in the said Department.
(2.) A joint enquiry was held against the various staff members including the petitioner and the Enquiry Officer found all of them guilty of negligence in maintaining the record properly and all the 10 staff members were punished with the penalty like stoppage of one grade increment with cumulative effect. Mr. Mahesh Bora, learned Sr. Advocate assisted by Mr. Nishant Bora, learned counsel for the petitioner urged that against the penalty imposed against the staff members in the same enquiry proceedings, two staff members approached this Court by filing writ petitions and their writ petitions came to be allowed setting aside the impugned penalty orders. Thereafter the petitioner filed a representation to the respondent, Commissioner, to give him similar and fair treatment to the present petitioner also. The said representation (Annex. P/8) dated 03.03.1994 came to be rejected by the learned Dy. Commissioner of Head Office, Commercial Taxes Department, Jaipur, vide the order impugned (Annex. P/9) dated 24.08.1996 by a short order saying that since the judgments of the High Court dated 27.03.1984 and 16.04.1991 in relation to two other staff members were not applicable, therefore, in the context of the same, the relief claimed by the present petitioner could not be given and the representation was liable to be rejected and being aggrieved by that order, the petitioner has filed the present writ petition in this Court on 04.12.1996.
(3.) LEARNED counsel for the petitioner, Mr. Bora, further urged that the impugned order (Annex. P/9) dated 24.08.1996 is a non -speaking order and without assigning any reason, the representation of the petitioner has been rejected by the concerned authority without even discussing the details about the facts of those staff members.;