2003 (3) TMI 664 - SUPREME COURT

Whether the applicant can be compelled to prove that the outcome will be in his favour or he has to prove a case of substance or if he can prove a ’real likelihood’ of success or if he is entitled to relief even if there is some remote chance of success?

Whether principles of natural justice have been violated?

Held that:- Appeal allowed by way of remand. Case of the parties on merits was not considered by Learned Single Judge or the Division Bench. Notwithstanding the fact that there was no consideration of the respective cases, Learned Single Judge directed examination of the documents by the expert. The inevitable result is that the judgment of the Division Bench confirming that of the Learned Single Judge has to be quashed so far as it relates to the question of violation of principles of natural justice. But that is not the end of the matter. There was no consideration of the merits of the case as noted above. It would be in the fitness of things to direct examination of the documents by the expert in terms of Learned Single Judge’s order. The employee shall file originals of the documents on which he relies upon, of which copies were placed before the High Court.