Appeals Court backs Malaysian Armed Forces in dismissal of soldier who refused Covid-19 jab
The three-man bench led by Justice Datuk Azimah Omar said there was no illegality or procedural impropriety on the part of the respondents when 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, is appealing against the 2023 High Court's 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 General Tan Sri Zamrose Mohd Zain, the Malaysian Armed Forces and the Malaysian Government as respondents.
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 due to the dishonourable discharge from service, he has lost his right to pension under Article 147 of the Federal Constitution.
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 Datuk Ahmad Kamal Md. Shahid (now 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.
In the proceeding before the Court of Appeal today, Wan Ramli was represented by lawyer Hafiz Norkhan while senior federal counsel Nurhafizza Azizan and Federal Counsel Solehheen Mohammad Zaki appeared for the respondents. — Bernama
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