Summarize the following court judgment. Civil Appeal No. 663 of 1978. From the Judgment and Order dt. 9.3.77 of the Allahabad High Court in Civil Misc. Writ No. 84/77. Dr. Anand Prakash	 V.B. Saharaya and Miss A. Subhashini	 for P the Appellants H. section Parihar	 for the Respondent. The judgment of the Court was delivered by 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. 418 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 trial took place at Lucknow before a general court martial consisting of one Brigadier	 two Majors and two Captains Both the prosecution and the Respondent led evidence. On March 13	 1976	 the court martial announced its finding subject to confirmation	 the finding being "Not guilty of all the charges". The General Officer	 Commanding Madhya Pradesh	 Bihar and Orissa Area	 the Third Appellant	 who was the confirming authority	 did not confirm the verdict and by his order dated April 3	 1976	 sent back the finding for revision. The same general court martial	 therefore	 re assembled on April 14	 1976	 and after hearing both sides and taking into consideration the observations made by the Third Appellant in his said order dated April 3	 1976	 adhered to its original view and once again announced the finding that the Respondent was ' Not guilty of all the charges". The said finding was also expressly announced as being subject to confirmation. The Third Appellant reserved confirmation of the finding on revision by a superior authority	 namely	 the General Officer	 Commanding in Chief	 Central Command	 Lucknow	 the Second Appellant	 and forwarded the papers to him. By his order dated May 25	 1976	 the Second Appellant did not confirm the finding on revision of the general court martial. The charges made against The Respondent	 the finding and the non confirmation thereof were promulgated as required by Rule 71 of the Army Rules. Thereafter the Chief of the Army Staff under Rule 14 of the Army Rules issued the impugned show cause notice dated November 12	 1976. It was stated in the said notice that the Chief of the Army Staff had carefully considered the facts of the case as also the Respondent 's defence at the trial and being satisfied that a fresh trial by a court martial for the said offences was inexpedient	 he 419 was of the opinion that the Respondent 's misconduct as disclosed in the proceedings rendered his further retention in the service undesirable. The Respondent was called upon by the said notice to submit his explanation and defence	 if any	 within twenty five days of the receipt of the said notice. Along with the said notice copies of abstracts of evidence and the court martial proceedings were forwarded to the Respondent. The Respondent thereupon filed in the High Court of Allahabad a writ petition under Article 226 of the Constitution of India being Civil Miscellaneous Writ No. 84 of 1976	 which	 as aforesaid	 was allowed. It was the contention of the Respondent in his writ petition that under the (Act No. 46 of 1950)	 and the Army rules there was an initial option either to have the concerned officer tried by a court martial or to take action against him under Rule 14 and that in his case the option having been exercised to try him by a court martial	 the Chief of the Army Staff was not competent to have recourse to Rule 14 after the Respondent was acquitted both at the time of the original trial and on revision. This contention found favour with the High Court. The High Court held that as the Respondent had in fact been tried by a court martial which both at the time of the original trial and on revision had returned a verdict of 'not guilty	 it could not be said that it was inexpedient to try the Respondent by a court martial and	 therefore	 the impugned notice under Rule 14 was issued without any jurisdiction. At the hearing of the said writ petition a preliminary objection was raised by the Appellants that the said writ petition was not maintainable as being premature. The High Court held that as the impugned notice was issued without jurisdiction	 it would be exposing the Respondent to jeopardy to require him to submit his reply to the said notice and to wait until his services were terminated. The same contentions	 as were raised before the High Court	 were taken before us at the hearing of this Appeal. We will first deal with the Appellants ' preliminary objection that the Respondent 's writ petition was not maintainable as being premature. It was the Respondent 's case that the Chief of the Army Staff had no jurisdiction to issue the impugned show cause notice after he had been again found not guilty by the court martial on revision. The said notice expressly stated that the Chief of the Army Staff was of the opinion that the Respondent 's misconduct as disclosed in the proceedings rendered his further retention in service undesir 420 able and asked him to submit his explanation and defence	 if any	 to the charges made against him. If the Respondent 's contention with respect to the jurisdiction of the Chief of the Army Staff to issue the said notice were correct	 the Respondent was certainly exposed to the jeopardy of having his explanation and defence rejected and he being removed or dismissed from services. Were the said notice issued without jurisdiction	 the Respondent would have then suffered a grave	 prejudicial injury by an act which was without jurisdiction. Where the threat of a prejudicial action is wholly without jurisdiction	 a person cannot be asked to wait for the injury to be caused to him before seeking the Court 's protection. If	 on the other hand	 the Chief of the Army Staff had the power in law to issue the said notice	 it would not be open to the Respondent to approach the court under Article 226 of the Constitution at the stage of notice only and in such an event his writ petition could be said to be premature. This was	 however	 not a contention which could have been decided at the threshold until the court had come to a finding with respect to the jurisdiction of the Chief of the Army Staff to issue the impugned notice. Having held that the impugned notice was issued without any jurisdiction	 the High Court was right in further holding that the Respondent 's writ petition was not premature and was maintainable. Before considering the rival contentions with respect to the validity of the impugned notice	 we may mention that a learned Single Judge of the Delhi High Court has held in the case of Capt. Kashmir Singh Shergill vs The Union of India and another (1) that the Chief of the Army Staff was competent to issue a show cause notice under Rule 14 even though the court martial had affirmed its verdict on revision. The answer to the question whether the Chief of the Army Staff was competent to issue the impugned notice depends upon the relevant provisions of the and the Army Rules to which we now turn. Chapter IV of the 	 which consists of Section 18 to 24	 deals with the conditions of service of persons appointed under (1) Civil Writ No. 553 of 1974 decided on November 6	 1974 by Prakash Narain	 J. 421 the Act. Section 18 provides that every person subject to the Army . Act shall hold office during the pleasure of the President. Section 19 provides that subject to the provisions of the and the rules and regulations made thereunder	 the Central Government may dismiss	 or remove from the service	 any person subject to the . Section 22 provides that any person subject to the may be retired	 released or discharged from the service by such authority and in such manner as may be prescribed by rules made under the Act. Section 191 confers ' upon the Central Government the power to make rules for the purpose of carrying into effect the provisions of the . Rule 14 of the Army Rules	 1954	 provides as follows: "14. Termination of service by the Central Government on account of misconduct (1) When it is proposed to terminate the service of an officer under Section 19 on account of misconduct	 he shall be given an opportunity to show cause in the manner specified in sub rule (2) against such action: Provided that this sub rule shall not apply: (a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court; or (b) where the Central Government is satisfied that for reasons to be recorded in writing	 it is not expedient or reasonably practicable to give to the officer an ' opportunity of showing cause. (2) When after considering the reports of an officer 's misconduct	 the Central Government or the Chief of the Army Staff is satisfied that the trial of the officer by court martial is inexpedient or impracticable	 but is of the opinion that the further ' retention of the said officer in the service is undesirable the Chief of the Army Staff shall so inform the officer together with all reports adverse to him and he shall be called upon to submit	 in writing	 his explanation and defence: Provided that the Chief of the Army Staff may withhold from 422 disclosure any such report or portion thereof	 in his opinion	 its disclosure is not in the interest of the security of the State. In the event of the explanation of the officer being considered unsatisfactory by the Chief the Army Staff	 or when so directed by the Central Government	 the case shall be submitted to the Central Government with the officer 's defence and the recommendation of the Chief of the Army Staffs to the termination of the officer 's service in the manner specified in sub rule (4). (3) Where	 upon the conviction of an officer by a criminal court	 the Central Government or the Chief of the Army staff considers that the conduct of the officer which has led to his conviction renders his further retention in service undesirable	 a certified copy of the judgment of the criminal court convicting him shall be submitted to the Central Government with the recommendation of the Chief of the Army Staff as to the termination of the officer 's n service in the manner specified in sub rule (4). (4) When submitting a case to the Central Government under the provisions of sub rule (2) or sub rule (3)	 the Chief of the Army Staff shall make his recommendation whether the officer 's service should be terminated	 and if so	 whether the officer should be (a) dismissed from the service; or (b) removed from the service; or (c) called upon to retire; or (d) called upon to resign. (5) The Central Government after considering the reports and the officer 's defence	 if any	 or the judgment of the criminal court	 as the case may be	 and the recommendation of the Chief of the Army Staff	 may dismiss or remove the officer with or with out pension or call upon him to retire or resign	 and on his refusing to do so	 the officer may be compulsorily retired or removed from the service on pension or gratuity	 if any	 admissible to him. " 423 We are not concerned in this Appeal with a case where an officer has been convicted by a criminal court or with a case where the Central Government is satisfied that it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause. A show cause notice was in fact issued to the Respondent by the Chief of the Army Staff. Under sub rule (2) of Rule 14	 the foundation of the jurisdiction of the Central B	 Government or the Chief of the Army Staff to issue a show cause notice is the satisfaction of the Central Government or the Chief of the Army Staff after considering the reports of an officer 's misconduct that the trial OF the officer by a court martial is inexpedient or impracticable and the opinion formed that the further retention of the officer in the service is undesirable. The contention before us was that in the circumstances of this case it cannot be said that the trial of the Respondent by a court martial was inexpedient or impracticable as in fact the Respondent had been tried by a court martial. It was also submitted that on a true construction of Rule 14	 the Central Government or the Chief of the Army Staff has an initial option to have the officer tried by a court martial or to take action against him under Rule 14 and if it were decided that he should be tried by a court martial	 then action under Rule 14 was not permissible in case of his acquittal by the court martial. To test the correctness of these submissions	 we must examine the provisions of the relating to court martial. Section 108 provides for four kinds of courts martial	 namely. (1) general courts martial; (2) district courts martial; (3) summary general courts martial; and (4) summary courts martial. As the Respondent was tried by a general court martial	 we are not concerned here with any other type of courts martial	 Under section 109	 a general court martial may be convened by the Central Government or the Chief of the Army Staff or by any officer empowered in that behalf by warrant of the Chief of the Army Staff. Section 113 provides that a general court martial shall consist of 424 not less than five officers	 each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of captain. Section 117 provides for cases in which a court martial can be dissolved. These cases are: (1) Where after the commencement of a trial the court martial is reduced below the minimum number of officers required by the . In such a case the dissolution of the court martial is mandatory. (2) If	 on account of the illness of the judge advocate or of the accused before the finding	 it is impossible to continue the trial. In this case also the dissolution of the court martial is mandatory. (3) If it appears to the officer who convened a court martial that military exigencies or the necessities of discipline render it impossible or inexpedient to continue the court martial. In this case	 the dissolution of the court martial is discretionary. Sub section (4) of section 117 expressly provides that where a court martial is dissolved	 the accused may be tried again. Section 118 ' confers upon a general court martial the power to try any person subject to the for any offence punishable thereunder and to pass any sentence authorized thereby. Section 121 provides as follows: "121. Prohibition of second trial. When any person subject to this Act has been acquitted or convicted of an offence by a court martial or by a criminal court	 or has been dealt with under any of the sections 80	 83	 84 and 85	 he shall not be liable to be tried again for the same offence by a court martial or dealt with under the said sections. " The Respondent was neither tried by a criminal court nor dealt with under any of the sections 80	 83	 84 and 85	 most of which do not apply to an officer of his rank He was	 however	 tried by a general court martial which found him not guilty of any of the charges made against him. Under section 125	 where a criminal 425 court and a court martial both have jurisdiction in respect of an offence	 it is in the discretion of the officer commanding the army	 army crops	 division or independent brigade in which the accused person is serving or such other officer as may be prescribed by the Army Rules to decide before which court the proceedings shall be instituted. Under section 127	 a person convicted or acquitted by a court martial may	 with the previous sanction of the Central Government	 be tried again by a criminal court for the same offence or on the same facts. There is	 however	 no provision for the trial by a court martial for the same offence or on the same facts where a person has been convicted or acquitted by a criminal court. Sections 153	 154 and 160(1) provide as follows: "153. Finding and sentence not valid	 unless confirmed. No finding or sentence of a general	 district or summary general	 court martial shall be valid except so far as it may be confirmed as provided by this Act. Power to confirm finding and sentence of general court martial. The findings and sentences of general courts martial may be confirmed by the Central Government	 or by any officer empowered in this behalf by warrant of the Central Government. Revision of finding or sentence	 (1) Any finding or sentence of a court martial which requires confirmation may be once revised by order of the confirming authority and on such revision	 the court	 if so directed by the Confirming authority	 may take additional evidence. In this connection it will also be relevant to set out the provisions of Rules 68	 69	 70 and 11 of the Army Rules. These Rules provide as follows: `68. Revision. (1) Where the finding is sent back for revision under section 160	 the Court shall reassemble in open court	 426 the revision order shall be read	 and if the court is directed to take fresh evidence	 such evidence shall also be taken in open court. The court shall then deliberate on its finding in closed court. (2) Where the finding is sent back for revision and the court does not adhere to its former finding	 it shall revoke the finding and sentence	 and record the new finding	 and if such new finding involves a sentence	 pass sentence afresh. (3) Where the sentence alone is sent back for revision	 the court shall not revise the finding. (4) After the revision	 the presiding officer shall date and y sign the decision of the court	 and the proceedings	 upon being signed by the judge advocate	 if any	 shall at once be transmitted for confirmation. Review of court martial proceedings. The proceedings of a general court martial shall be submitted by the judge advocate at the trial for review to the deputy or assistant judge advocate general of the command who shall then forward it to the confirming officer. The proceedings of a district court martial shall be sent by the presiding officer or the judge advocate direct to the confirming officer who must	 in all cases. where the sentence is dismissal or above	 seek advice of the deputy or assistant judge advocate general of the command before confirmation." "70. Confirmation Upon receiving the proceedings of a general or district court martial	 the confirming authority may confirm or refuse confirmation	 or reserve confirmation for superior authority	 and the confirmation	 non confirmation	 or reservation shall be entered in and form part of the proceedings. " "71. Promulgation The charge	 finding	 and sentence	 and any recommendation to mercy shall	 together with the confirmation or non confirmation of the proceedings	 be 427 promulgated in such manner as the confirming authority may direct; and if no direction is given	 according to the custom of the service. Until promulgation has been effected	 confirmation is not complete and the finding and sentence shall not be held to have been confirmed until they have been promulgated. " It is pertinent to note that under Section 160 the confirming authority has the power to direct a revision of the finding of a court martial only once. There is no power in the confirming authority	 if it does not agree with the finding on revision	 to direct a second revision of such finding. In the absence of any such confirmation	 whether of the original finding or of the finding on revision	 by reason of the provisions of section l 53 the finding is not valid. Therefore	 in the case of the Respondent	 the finding of the general court martial on revision not having been confirmed was not valid. Could he	 therefore	 be tried again by another court martial on the same charges ? Under Section 121	 a person subject to the 	 who has been acquitted or convicted of an offence by a court martial or by a criminal Court	 is not liable to be tried again for the same offence by a court martial. It can well be argued that by reason of the provisions of section 153 under which no finding or sentence of a general	 district or summary general court martial is valid except in so far as it is confirmed as provided by the a person cannot be said to have been acquitted or convicted by a court martial until the finding of "guilty" or "not guilty" in his case has been confirmed by the confirming authority. There is	 however	 no express provision in the which empowers the holding of a fresh court martial when the finding of a court martial on revision is not confirmed. The decisions of three High Courts may be referred to in this connection. The first decision is that of Allahabad High Court in G.B. Singh vs Union of India and Others. (1) That was a case under the (Act No. 45 of 1950). In that case	 the officer was found guilty by a general court martial and sentenced 	. to be dismissed from service. The finding and sentence was referred to the confirming authority. The confirming authority passed an order reserving the same for confirmation by superior authority and forwarded the proceedings to the Chief Of the Air Staff. The (1) 428 Chief of the Air staff passed an order not confirming the finding or sentence awarded by the court martial. The finding and sentence which were not confirmed by the Chief of Air Staff were promulgated after the lapse of about ten months. A fresh general court martial was convened to retry the office. On enquiry the officer was informed that the findings and sentence of the general court martial had not been confirmed as it was found that the proceedings were not in order and	 therefore	 there was no valid order convicting or acquitting the officer. After considering the relevant provisions of the and the Air Force Rules	 1969	 which are in pari materia with the corresponding provisions of the and the Army Rules	 a learned Single Judge of the Allahabad High Court held that the effect of non confirmation was that though the finding and sentence passed by the court martial existed	 they could not be put into effect unless they had been confirmed under the provisions of the 	 and that in such a case section 120 of the (which is in pari materia with section 121 of the ) barred a second trial by a court martial. In Major Manohar Lal vs The Union of India and Anr. (1) the petitioner was tried by a general court martial which found him not guilty. The General Officer Commanding in Chief held the proceedings to be null and void on the ground that one of the members of the court martial was of the rank of Captain and was thus lower in the rank to the petitioner and no certificate had been recorded by the officer convening the court martial as required by Rule 40(2) of the Army Rules	 that an officer of the rank of the petitioner was not available and he	 therefore	 ordered a retrial. A learned Single Judge of the Punjab and Haryana High Court held that under the and the Army Rules	 a Captain was eligible to be made a member of a general court martial and the mere fact that the convening officer did not append the certificate that an officer of the rank of the petitioner was not available did not make the constitution of the general court martial invalid or the finding given by it to be without jurisdiction or the proceedings of the trial before it to be null and void. He further held that as the petitioner had no say in the constitution of the general court martial and had suffered the trial before it	 the proceedings could not have been declared null and void on a highly technical ground. The learned Single Judge	 therefore. came to the conclusion that the second trial of the petitioner (1) 1971(1) S.L.R. 717. 429 was without jurisdiction and the sentence imposed upon him in consequence of that trial was wholly illegal. In J.C. 13018 Subedar Surat Singh vs The Chief Engineer Projects (Beacon). Co. 56 A.P.O. (1).A Division Bench of the Jammu and Kashmir High Court held that though every finding of a general court martial	 whether of acquittal or of guilt	 cannot be recorded as valid unless it is confirmed by the competent authority	 the Legislature could not have reasonably intended that an officer convening a general court martial can go on dissolving such court martials and reconstituting them ad infinitum until he obtained a verdict or a finding of his own liking. The Division Bench further held that such a position would not only be against public policy and the ancient maxim "nemo debet bis vexari pro una et eadem causa" (no man ought to be twice vexed for one and the same cause) but would also reduce the provisions of the to a mockery and give an appearance of mala fides. According to the Jammu and Kashmir High Court	 in such a case the proper course for the confirming authority would be to refer the case to its superior authority for confirmation. This being the position	 what then is the course open to the Central Government or the Chief of the Army Staff when the finding of a court martial even on revision is perverse or against the weight of evidence on record? The High Court in its judgment under appeal has also held that in such a case a fresh trial by another court martial is not permissible. The crucial question	 therefore	 is whether the Central Government or the Chief of the Army Staff can have resort to Rule 14 of the Army Rules. Though it is open to the Central Government of the Chief of the Army Staff to have recourse to that Rule in the first instance without directing trial by a court martial of the concerned officer	 there is no provision in the or in Rule l 4 or any of the other rules of the Army Rules which prohibits the Central Government or the Chief of the Army Staff from resorting in such a case to Rule 14. Can it	 however	 be said that in such a case a trial by a court martial is inexpedient or impracticable? The Shorter Oxford English Dictionary	 Third Edition	 defines the word "inexpedient" as meaning "not expedient; disadvantageous in the circumstances	 unadvisable	 impolitic". The same dictionary defines "expedient ' inter alia as meaning "advantageous; fit	 proper	 or suitable to the circumstances o the case". Webster 's Third New International Dictionary also (1) A.I.R. 1970 J. & K	 179. 430 defines the term "expedient" inter alia as meaning "characterized by suitability	 practicality	 and efficiency in achieving a particular end: fit	 proper	 or advantageous under the circumstances". In the present case	 the Chief of the Army Staff. had	 on the one hand	 the finding of a general court martial which had not been confirmed and the Chief of the Army Staff was of the opinion that the further retention of the Respondent in the service was undesirable and	 on the other hand	 there were the above three High Court decisions and the point was not concluded by a definitive pronouncement of this Court. In such circumstances	 to order a fresh trial by a court martial could certainly be said to be both inexpedient and impracticable and the only expedient and practicable course	 therefore	 open to the Chief of the Army Staff would be to take action against the Respondent under Rule 14	 which he did. The action of the Chief of the Army Staff in issuing the impugned notice was	 therefore	 neither without jurisdiction nor unwarraned in law. In the result	 this Appeal must succeed and is accordingly allowed and the judgment of the Division Beach of the Allahabad High Court under Appeal is reversed and the order passed by it is set aside. The writ petition filed by the Respondent in the Allahabad High Court	 namely	 Civil Miscellaneous Writ No. 84 of 1977	 is hereby dismissed. Before parting with this Appeal	 we would like to observe that the alleged incidents in respect of which the Respondent was tried before the general court martial took place nearly ten years ago. We	 therefore	 feel that the Chief of the Army Staff should take into account the conduct and behaviour of the Respondent during the intervening period and if they have been in conformity with good order and military discipline and the high traditions of the Indian Army	 he may consider the desirability of proceeding further in the matter. In the circumstances of the Case	 there Will be no order as to costs throughout.

The respondent	 a permanent commissioned officer of the Indian Army holding the substantive rank of captain and the acting rank of major	 as a result of certain incidents which are alleged to have taken place on November 5 and 6	 1975 was ordered to be tried by a general court martial. On March 13	 1976	 the court martial announced its finding subject to confirmation	 the finding being "Not guilty of all the charges. " The General Officer Commanding	 Madhya Pradesh	 Bihar and Orissa Area	 the third appellant	 who was the confirming authority	 did not confirm the verdict and by his order dated April 3	 1976	 sent back the finding for revision. The same general court martial	 therefore	 reassembled on April 14	 1976	 and after hearing both sides and taking into consideration the observations made by the third appellant in his said order dated April 3	 1976	 adhered to its original view and once again announced the finding subject to confirmation	 that the respondent was "Not guilty of all the charges". The third appellant reserved confirmation of the finding on revision by a superior authority	 namely	 the General Officer	 Commanding in Chief	 Central Command	 Lucknow	 the second appellant	 and forwarded the papers to him. By his order dated May 25	 1976	 the second appellant did not confirm the finding on revision of the general court martial. The charges made against the respondent	 the finding and the nonconfirmation thereof were promulgated as required by Rule 71 of the Army Rules. Thereafter	 the Chief of the Army Staff under Rule 14 of the Army Rules 1954 issued the impugned show cause notice dated November 12	 1976 stating that the Chief of the Army Staff had carefully considered the facts of the case as also the respondent 's defence at the trial and being satisfied that a 416 fresh trial by a court martial for the said offences was inexpedient	 he was of the opinion that the respondent 's misconduct as disclosed in the proceedings rendered his further retention in the service undesirable. and called upon the respondent to submit his explanation and defence	 if any	 within twenty five days of the receipt of the said notice. Along with the said notice copies of abstracts of evidence and the court martial proceedings were forwarded to the respondent. The respondent	 thereupon	 filed in the High Court of Allahabad a writ petition under Article 226 of the Constitution of India being Civil Miscellaneous Writ No. 84 of 1976	 which was allowed by a Division Bench of the said High Court. Hence the appeal by special leave Allowing the appeal	 the Court ^ HELD: 1. Where the threat of a prejudicial action is wholly without jurisdiction	 a person cannot be asked to wait for the injury to be caused to him before seeking the Court 's protection. If	 on the other hand	 the Chief of the Army Staff had the power in law to issue the said notice	 it would not be open to the respondent to approach the court under Article 226 of the Constitution at the stage of notice only and in such an event his writ petition could be said to be premature. This was	 however	 not a contention which could have been decided at the threshold until the court had come to a finding with respect to the jurisdiction of the Chief of the Army Staff to issue the impugned notice. Having held that the impugned notice was issued without any jurisdiction	 the High Court was right in further holding that the respondent 's writ petition was not premature and was maintainable. [420C E] 2. Whether the Chief of the Army Staff was competent to issue the impugned notice of show cause depends upon the relevant provisions of the and the Army Rules 1954. Under Section 153 of the 	 no finding or sentence of a general	 district or summary general	 court martial shall be valid except so far as it may be confirmed as provided by the . Under Section ]60 of the 	 the confirming authority has the power to direct a revision of the finding of a court martial only once. There is no power in the confirming authority	 if it does not agree with the finding on revision	 to direct a second revision of such finding. In the absence of any such confirmation	 whether of the original finding or of the finding on revision	 by reason of the provisions of Section 153 the finding is not valid. Therefore	 in the case of the respondent	 the finding of the general court martial on revision not having been confirmed was not valid. Equally	 there is however	 no express provision in the which empowers the holding of a fresh court martial when the finding of a court martial on revision is not confirmed. [427C F] 3. Though it is open to the Central Government or the Chief of the Army Staff to have recourse to Rule 14 of the first instance without directing trial by a court martial of the concerned officer	 there is no provision in the or in Rule 14 or any of the other Rules of the Army Rules which 417 prohibits the Central Government or the Chief of the Army Staff from resorting in such a case to Rule 14. [429F G] In the present case	 the Chief of the Army Staff had	 on the one hand	 the finding of a general court martial which had not been confirmed and the Chief of the Army Staff was of the opinion that the further retention of the respondent in the service was undesirable and	 on the other hand	 there were three difference conflicting decisions of different High Courts on this point which point was not concluded by a definitive pronouncement of this Court. In such circumstances	 to order a fresh trial by a court martial could certainly be said to be both inexpedient and impracticable and the only expedient and practicable course	 therefore	 open to the Chief of the Army Staff would be to take action against the respondent under Rule 14	 which he did. The action of the Chief of the Army Staff in issuing the impugned notice was	 therefore	 neither without jurisdiction nor unwarranted in law. [430B D] Capt. Kashmir Singh Shergill vs The Union of India & Another	 Civil Writ No. 553 of 1974 decided on November 6	 1974 by Prakash Narain	 J.	 approved. G.B. Singh vs Union of India and Others	 [1973] Crl. L.J. 485; Major Manohar Lal vs The Union of India and Anr. 	 ; J.C. 13018 Subedar Surat Singh vs The Chief Engineer Projects (Beacon) C/o.56 A.P.O. AIR 1970 J. & K 179 referred to.