CHIEF OF THE ARMY STAFF AND OTHERS vs MAJOR DHARAM PAL KUKRETY

The Supreme Court held that the Chief of the Army Staff's issuance of a show cause notice under Rule 14 of the Army Rules 1954, following a 'Not guilty' verdict by a general court martial, was impermissible as it violated the principle of double jeopardy under Article 20(2) of the Constitution and Section 121 of the Army Act, 1950. The Court emphasized that a person cannot be compelled to wait for an injury to seek judicial protection when the action is wholly without jurisdiction. The High Court's decision to allow the writ petition under Article 226 was upheld, thereby quashing the show cause notice issued by the Chief of the Army Staff.