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Court directs IAF to reconsider the case afresh as opportunity to be heard is to be given to Air Force officer who refused to take vaccine: Gujarat High Court

This particular decision is upheld by the High Court of Gujarat through the learned Division Bench of JUSTICE A.J. DESAI AND JUSTICE A.P. THAKER in the case of Yogendra Kumar v. Indian Air Force (R/Special Civil Application No. 8309 of 2021).

Facts:

In the instant case the petitioner is Yogesh Kumar and the respondent is Indian Air Force. The instant petition was filed requesting the court to pass an order quashing the show cause notice dated 10.05.21 issued by respondent no.1 to the petitioner; 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; 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.

The petitioner further requested the court to 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 and also to dispense with the office objections, including notarised affidavit of the petition considering the widespread pandemic situation in place, in larger interest of justice;

Judgement:

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.

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Judgement reviewed by – Arvind Roshan

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