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D. P. MADAN, RANGANATH MISRA, Y. V. CHANDRACHUD
Chief Of Army Staff – Appellant
Versus
Major Dharam Pal Kukrety – Respondent
Judgment
MADON, J.:- This Appeal by Special Leave granted by this Court is preferred against the judgment and order of a Division Bench of the Allahabad High Court allowing the writ petition filed by the Respondent under Article 226 of the Constitution of India and quashing a show cause notice dated November 12, 1976 issued by the First Appellant, the Chief of the Army Staff, under Rule 14 of the Army Rules, 1954.
2. The facts which have given rise to this Appeal lie in a narrow compass. The Respondent is a permanent commissioned officer of the Indian Army holding the substantive rank of Captain and the acting rank of Major. In November 1975, he was posted in the Army School of Mechanical Transport, Faizabad. As a result of certain incidents which are alleged to have taken place on November 6 and 7, 1975, the Respondent was tried by a general court-martial on four charges. It is unnecessary to reproduce the charges made against the Respondent. The charge-sheet was dated January 20, 1976, and was issued by the Commandant, Ordinance Depot, Fort Allahabad. On January 24, 1976, the Respondent was ordered to be tried by a general court-martial. The Respondent pleaded not guilty and his tr
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