JUDGMENT

Arijit Pasayat, J. — Delay condoned.

2. Leave granted in SLP (C) No. 5832 of 2006.

3. Appellants in both the appeals call in question legality of the judgment rendered by a Division Bench of the Jammu and Kashmir High Court dismissing the Letters Patent Appeal filed by the appellants questioning correctness of the order passed by a learned Single Judge whereby the writ petition filed by him was dismissed. The review petition filed was also dismissed which is the subject matter of challenge in Civil Appeal No. 7308 of 2003. The other appeal relates to the order passed in the Letters Patent Appeal.

4. Background facts in a nutshell are as follows :

The appellant while working as Havildar/Clerk (GD) in Ladakh Scouts, having 17 years service in the Army, was found involved, along with a few other persons, in espionage activities during the period 1984-85. The appellant along with others was interrogated and a Court of Inquiry under Rule 177 of the Army Rules, 1954 (in short the Rules) was constituted to collect evidence and to report. Said Court of Inquiry confirmed the involvement of the appellant. Keeping in view the paramount consideration of Army discipline and the security of