Aishwarya Rathore-
Published on: August 12, 2021, at 14:42 IST
The Central Government has told the Gujarat High Court that the Indian Air Force (IAF) has discharged one of its members for refusing to get vaccinated against COVID-19, which has been made a service condition.
Additional Solicitor General Devang Vyas told a division Bench of Justices AJ Desai and AP, “Across India, only nine personnel have refused to take the vaccine. All of them were given show cause notice. One did not respond, so his service is already terminated.”
He stated that while the vaccination is voluntary in general, it has now been made a service condition in the Air Force, which is in continuation of the oath taken at the time of enrollment in the service.
Mr Vyas further stated that since Corporal Yogendra Kumar responded to the show cause notice, he has the option of appearing before a proper authority or the Armed Forces Tribunal, as provided by the Armed Forces Tribunal Act.
On Kumar’s plea, the High Court on Wednesday directed the IAF to re-examine his case.
The Court dismissed his plea by directing that the interim relief given to the petitioner who refused to be vaccinated continue until his case is resolved by the IAF, and that the interim relief shall not be enforced for two weeks from the date of service of the order to the petitioner.
He further requested that the Court order the IAF not to take coercive action against him in response to the show cause notice.
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