COVID-19 Gujarat HC Directs Air Force to consider the case...

Gujarat HC Directs Air Force to consider the case of an officer’s termination who refused to take COVID vaccine

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Gujarat Aug 12(ILNS): The Gujarat High Court on August 11, directed Indian Air Force to consider the case afresh of an IAF officer who refused to take the COVID vaccine.

A Bench comprising of Justice A. J. Desai and Justice A. P. Thaker directed,“The respondent authority shall consider the case of the petitioner afresh after examining all the materials which have been placed on record and have been exchanged amongst the lawyers.”

The Petitioner, Yogendra Kumar, has approached the High Court for quashing the show cause notice issued to him on May 10, 2021 issued by Indian Air Force seeking explanation as to why the Petitioner service should not be terminated for his refusal to take the Covid-19 vaccine.

Pursuant to the notice issued by the High Court, the Indian Air Force appeared before the court through Devang Vyas, Additional Solicitor General and filed affidavit-in-reply. The draft amendment has been filed by the Petitioner by which several contentions have been raised by him in his reply.

After hearing the Counsel appearing on behalf of the respective parties the Bench directed the Indian Air Force to give an opportunity of hearing to the Petitioner and the lawyer who represents his case and shall decide on the petitioner’s decision as early as possible preferably within a period of four weeks, the Court said.

 It is made clear that this Court has not gone into the merits of the case, “Interim relief shall be continued till the case is decided and if any adverse order is passed, the same shall not be implemented for a period of two weeks from the date of service of the order to the petitioner, the Court directed. /ILNS/SS/SNG

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