Appeals court dismisses ex-soldier's bid to challenge discharge for refusing Covid-19 vaccine
The three-man bench led by Justice Datuk Azimah Omar said on Tuesday (July 29) there was no illegality or procedural impropriety on the part of the respondents when dismissing Wan Ramli Wan Seman from service.
ALSO READ: Former soldier loses legal challenge over Covid-19 vaccine refusal
"The court is of the view that the appeal is without merit and therefore, dismissed,' she said. No order was made as to costs.
Sitting with her were Justices Datuk Wong Kian Kheong and Datuk Ismail Brahim.
Wan Ramli, 43, was appealing against the 2023 High Court dismissal of his judicial review to challenge the decision of the respondents.
In his judicial review, Wan Ramli had named Lt Col Sharull Hesham Md Yasin, Lt Mohamad Azammunir Mohd Ashri, Army chief Gen Tan Sri Zamrose Mohd Zain, the Malaysian Armed Forces and the government as respondents.
ALSO READ: Soldiers subject to disciplinary action for refusing Covid-19 vaccine, says army
Wan Ramli sought a certiorari order to quash the termination letter dated Aug 4, 2021, discharging him from service, and a declaration that the letter of his discharge was null and void.
He claimed that because of the dishonourable discharge from service, he had lost his right to pension under Article 147 of the Federal Constitution.
ALSO READ: Army ready to reinstate soldier if he reverses vaccination decision, says chief
The former soldier said his discharge was invalid on the grounds that the action by the respondents was disproportionate in all circumstances of the case, oppressive, irrational, unreasonable, amounted to unlawful discrimination, and took into account irrelevant considerations.
The then High Court judge Justice Datuk Ahmad Kamal Md. Shahid (now a Court of Appeal judge) held that the decision made to discharge Wan Ramli was in accordance with the law and was not tainted with illegality, irrationality or procedural impropriety. – Bernama
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