Rajiv Sharma, J.—The present petition has been filed against Annexures P-3, P-5 and P-8, dated 14.7.1998, 14.3.2000 and .2.6.1999., respectively.

2. The brief facts necessary for adjudication of this petition are that the petitioner was recruited as Sepoy in the Indian Army on 8.4.1980. Initially, the petitioner was recruited in the Punjab Regiment, but subsequently he was shifted to Intelligence Corps. He was promoted to the rank of Naik on 1.1.1988 and was subsequently promoted to the rank of Havaldar on 1.1.1991. The petitioner was posted to Field Security Company, 8, Mountain Division with effect from 14.1.1997. He was sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:— "He at field, on 1 June, 98, when ordered by IC-41475Y Maj NK Airy BM HQ 53 Inf Bde not to proceed on any operation since there were orders from HQ 28 Inf Div to this effect to which he replied that "Main yahan par roti todne ke liye nahi hun aur mein to operation par jaunga" words to that effect and proceeded for the operation."

3. Subsequently, summary of evidence was directed to be rec