T. S. THAKUR, J.

( 1 ) THE petitioner is working as a Lans Naik in the Indian Army. By an order dated 19. 04. 2004 issued by Major S. B. Malagi, Bty. Commandant, he was deputed to perform the duties of a 'sahayak' with Captain M. K. Agnihotri. The order clearly mentioned that if the petitioner failed to obey the same, appropriate action will be initiated against him under the Military Law. The petitioner admittedly did not obey the said command issued to him as a result of which he was tried summarily under Section 80 of the Army Act for the commission of an offence punishable under Section 41 (2) of the Act. The official record produced before us shows that the petitioner had pleaded guilty to that charge and was given a reprimand. Aggrieved, the petitioner has filed the present writ petition challenging the said order and sentence and also prayed for a mandamus directing the respondents to give effect to order dated 05. 06. 2004 by which the petitioner had been approved for promotion to the next higher rank of Naib.

( 2 ) WE have heard Mr. Kauntae, learned counsel for the petitioner at some length and Ms. Barkha Babbar, learned counsel appearing for the respondents who has prod