AN ex-soldier today failed in his application to challenge the decision by the authorities to terminate his service from the army after he refused to get the Covid-19 vaccine.
High Court judge Ahmad Kamal Md Shahid dismissed the application for a judicial review by Wan Ramli Wan Seman on grounds that the decision made to discharge the applicant was in accordance with the law and was not tainted with illegality, irrationality or procedural impropriety.
In the judicial review application filed on September 27, 2021, Wan Ramli named Sharull Hesham Md Yasin, Mohamad Azammunir Mohd Ashri, army chief Zamrose Mohd Zain, the army, and the government, as respondents.
He wanted a declaration that the termination letter dated August 4, 2021, and his early discharge from the service were null and void, and have no effect.
Kamal in his judgment said it should be noted that the Covid-19 vaccination was ordered for Malaysian army personnel via a letter dated March 3, 2021.
“Based on the vaccination order, the Covid-19 vaccination is mandatory for Malaysian army personnel except for those in groups not eligible to be vaccinated, such as those who have a history of hospitalisation due to severe allergies and those who experienced severe allergic reactions after receiving the first dose of the vaccine.
“Further, disciplinary action can be taken against those who disobey the order,” he said.
The judge said the vaccination order was distributed to personnel of the 24th battalion of the Royal Malay Regiment, Rasah Camp, in Seremban, where the applicant was serving.
The judge said the applicant had clearly disobeyed the order when he refused to be vaccinated in accordance with the order. – Bernama, January 12, 2023.
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