IAF sacks staffer for refusing to get vaccinated against COVID-19
What's the story
The Indian Air Force has sacked one of its personnel from service for refusing to get vaccinated against COVID-19, which has been made a service condition, the central government has told the Gujarat High Court. Additional Solicitor General Devang Vyas, in his submission in the HC on a plea moved by IAF corporal Yogendra Kumar at Jamnagar, said nine personnel refused to get vaccinated.
Termination
Staffer had failed to respond to a show-cause notice
Vyas told a division bench of Justices AJ Desai and AP Thaker that across India, these nine personnel were given show-cause notices. One of them, who did not respond to the notice, was terminated from service, Vyas told the high court. He, however, did not give the name or any other details of the staffer against whom the action was taken.
Condition
IAF has made vaccination against COVID-19 a service condition
"Across India, nine personnel have refused to take the vaccine and were given show cause notice, one didn't respond, so in view of the lack of response, his service was terminated," Vyas told the court. He said as far as vaccine, in general, is concerned, it is optional, but so far as the Air Force is concerned, it is now made a service condition.
Details
Imperative that Force is not put in vulnerable state: Vyas
The service condition is in continuation of the oath taken at the time of enrollment in the service, he added. Also, it is imperative to see to it that the Force is not put in a vulnerable state, and it is required for personnel to mandatorily get vaccinated, he told the court.
Case
HC directed the IAF to consider the case afresh
Vyas also said since corporal Kumar has responded to the show-cause notice, he can either appear before a proper authority or the Armed Forces Tribunal, under provisions of the Armed Forces Tribunal Act. On the plea of Kumar, challenging the notice after his unwillingness to get vaccinated against COVID-19, the HC on Wednesday directed the IAF to consider his case afresh.
Plea
The court disposed of Kumar's plea
The court disposed of his plea after ordering that the interim relief granted to the petitioner unwilling to get vaccinated shall continue until his case is decided by the IAF. In addition, the same shall not be implemented for a period of two weeks from the date of service of the order to the petitioner.
Approach
Kumar had approached HC seeking quashing of the notice
Kumar had approached the court, seeking quashing of the show cause notice, dated May 10, 2021, issued to him by the IAF after he declined to get vaccinated against COVID-19. The IAF had asked him to show cause why he should not be dismissed for not taking the COVID-19 vaccine.
Information
Centre's order says vaccine is voluntary and not mandatory: Kumar
He had also sought the court's direction to direct IAF to not take coercive action against him in furtherance of show cause notice. Kumar also requested the court to direct the IAF to follow the Centre's order that vaccine is purely voluntary and not mandatory.