The Gujarat High Court on Wednesday directed the Indian Air Force to consider the case afresh of an IAF officer who had refused to take the Covid vaccine.
The petitioner, Yogendra Kumar, has approached the High Court for quashing the show-cause notice dated May 10 issued by the IAF seeking explanation as to why the petitioner’s 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 has appeared through Devang Vyas, Additional Solicitor General, and has filed affidavit-in-reply, and even draft amendment has been filed by the petitioner by which several contentions have been raised by the petitioner himself in reply.
Having heard the Counsel appearing on behalf of the respective parties and challenge made before the High Court and with the consent of all the parties, the Bench of Justice A. J. Desai and Justice A. P. Thaker ordered, “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 Bench also directed the Indian Air Force to give an opportunity of hearing to the petitioner even through his lawyer who represents his case and shall decide the case of the petitioner as early as possible preferably within a period of four weeks. 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. With the above direction, the petition is disposed of. Notice is discharged,” the order reads.