In terms of the order passed by
the Court in the case of Dev Dutta (supra), this Court is inclined to clarify that
the observations made in this order would not apply to the military officers.
Page No.# 6/8
(1) Had the entry been communicated to him he would know about the assessment of his work
and conduct by his superiors, which would enable him to improve his work in future; (2) he
would have an opportunity of making a representation against the entry if he feels it is
unjustified, and pray for its upgradation. Hence, non-communication of an entry is arbitrary,
and it has been held by the Constitution Bench decision of this Court in Maneka Gandhi vs.
Union of India that arbitrariness violates Article 14 of the Constitution.