Guj HC | Opportunity to be heard to be given to the Air Force officer who refused to take the Covid vaccine; Court directs IAF to reconsider the case afresh

Gujarat High Court: The Division Bench of A.J. Desai and A.P. Thaker, JJ., issued directions in a petition which was filed with the following prayers,

  1. Pass an order quashing the show cause notice dated 10.05.21 issued by respondent no.1 to the petitioner;
  2. Pass an order directing respondent no.1 to not force the petitioner to get the vaccine and to further stop issuing show cause notice in this regard;
  3. Pass an order directing respondent no.1 to not take any coercive action against the petitioner in furtherance of the show cause notice dated 10.5.2021.
  4. Pass an order directing the respondent no.1 to follow Union of India’s (Respondent No.2) order that the vaccine is purely voluntary and therefore no order be issued making vaccine mandatory in respondent no.1 establishment.
  5. This Hon’ble Court may be pleased to dispense with the office objections, including notarised affidavit of the petition considering the wide spread pandemic situation in place, in larger interest of justice;
  6. Pass any other order deemed fit and proper in the circumstances of the case.

The Court directed that 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 Court asked the respondent to give an opportunity of hearing to the petitioner even through his lawyer who represents his case.

The Court extended the interim relief granted to the petitioner till the case is decided and has further directed that 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.[Yogendra Kumar v. Indian Air Force, 2021 SCC OnLine Guj 1197, decided on 11-08-2021]


Suchita Shukla, Editorial Assistant has reported this brief.

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