A Division Bench of Justices DY Chandrachud and Surya Kant observed that when the Court had found sufficient material for the issuance of the aforesaid direction, the Central government cannot move a miscellaneous application claiming that it now wants to establish before the Court that there was no sufficient material to issue such directions.
“Take for example, if in the case of seniority, this Court says ‘A’ should get seniority over ‘B’ and that too without hearing ‘B’, I can understand ‘B’ moving a recall application claiming that the order of seniority was passed without hearing him,” Justice Chandrachud orally remarked.
Source: Barandbench
