Judicial review requires discovery of documents essential to assess administrative decisions, emphasizing legality over factual determination.

[1] This is an application made under O 53 r 6, Rules of 2012 (' ROC ') for discovery and inspection of documents in relation to an application for judicial review. The application was for an order that the first and second respondents be compelled to produce or cause discovery to be made of the following documents:

i) A full copy of the passport of one Vietnamese national by the name of Nguyen Thi Anh Minh;

ii) Disembarkation card of the same person; and

iii) Minutes/notes of evidence and records of the disciplinary proceedings against the applicant ('A').

[2] The application for judicial review was for an order of declaration or certiorari against the decision of the first respondent as the Chairman of the Disciplinary Board, Support Group (No 1) of the Immigration Department Malaysia and the decision on appeal by the second respondent, the Secretary of the Public Service Disciplinary Appeals Board, Public Services Commission of Malaysia. The first respondent had found the applicant guilty of the charge preferred against him and ordered his dismissal from the public service. On appeal to the second respondent the appeal was dismissed and the decision of the first respondent was affirmed.

[3] Order 53, r 6, Rules of , 2012 (' ROC ') which is applicable to the present application states:

"....After leave have been granted, any party to an application for judicial review may apply to the Judge for discovery and inspection of documents pursuant to O 24, to administer interrogatories pursuant to O 26, or to cross examine the deponent of any affidavit filed in support of or in opposition to the application pursuant to O 38.".

[4] Order 24, r 3, ROC , 2012, which is directly relevant to the present application, states:

"... Order For Discovery (O 24, r 3)

3. (1) Subject to the provisions of this rule and of r 4 and 8 , the Court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.

(4) The documents which a party to a cause or matter may be ordered to discover under para (1) are as follows:

(a) the documents on which the party relies or will rely; and

(b) the documents which could:-

(i) adversely affect his own case;

(ii) adversely affect another party's case; or

(iii) support another party's case.".

[5] An order for discovery may be made at any stage of the proceedings in any cause or matter in respect of documents that "adversely affect a party's case" or "support a party's case".

[See O 24 r 12, ROC 2012].

Production is to be ordered only if it is necessary for the just disposal of a case as stated in O 24 r 13, ROC 2012 as follows:

"Production to be ordered only if necessary (O 24, r 13)

13. (1) An order for the production of any documents for inspections or to the Court shall not be made under any of the foregoing rules unless the Court is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs ".

[6] The charge against the Applicant reads:

"... Bahawa tuan, Mohd Nassir Othman, No K/P: 830226-02-5183, Pegawai Imigresen Gred KP17, semasa bertugas di Pejabat Imigresen Tambak Johor, Johor didapati telah menurunkan cop keluar No Cop: J1/630 bertarikh 04 April 2005 ke dalam satu naskhah passport warga Vietnam bernama Nguyen Thi Anh Minh No A0048138 tanpa kehadiran pemilik. Warga Vietnam tersebut telah ditangkap melalui satu tangkapan Polis di dalam satu operasi di Johor b