Ex-soldier loses appeal over dismissal for refusing Covid-19 jab
The three-member bench led by Justice Datuk Azimah Omar ruled that there was no illegality or procedural impropriety on the part of the respondents in dismissing Wan Ramli Wan Seman from service.
"The court is of the view that the appeal is without merit and therefore, dismissed," she said.
No order as to costs was made.
Sitting with her were Justices Datuk Wong Kian Kheong and Datuk Ismail Brahim.
Wan Ramli, 43, was appealing against the High Court's 2023 dismissal of his judicial review challenging 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 General Tan Sri Zamrose Mohd Zain, the Malaysian Armed Forces, and the Malaysian Government as respondents.
He sought a certiorari order to quash the termination letter dated Aug 4, 2021, which discharged him from service, and a declaration that the discharge letter was null and void.
He claimed that the dishonourable discharge had caused him to lose his right to a pension under Article 147 of the Federal Constitution.
Wan Ramli also argued that his dismissal was invalid as it was disproportionate in the circumstances, oppressive, irrational, unreasonable, amounted to unlawful discrimination, and took into account irrelevant considerations.
Then High Court judge Datuk Ahmad Kamal Md Shahid (now a Court of Appeal judge) had ruled that the decision to discharge Wan Ramli was lawful and not tainted with illegality, irrationality, or procedural impropriety.
At today's hearing, Wan Ramli was represented by lawyer Hafiz Norkhan, while senior federal counsel Nurhafizza Azizan and federal counsel Solehheen Mohammad Zaki appeared for the respondents.
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