A three-member bench chaired by Justice Azimah Omar said there was no illegality or procedural impropriety on the part of the army when terminating the services of Wan Ramli Wan Seman.
“We dismiss the appeal as there is no merit,” said Azimah, who ordered the parties to bear their own costs.
Also on the panel hearing the appeal were Justices Wong Kian Kheong and Ismail Brahim.
On Jan 12, 2023, Justice Ahmad Kamal Shahid dismissed Wan Ramli’s judicial review application on similar grounds.
Kamal, now a Court of Appeal judge, said the army had not denied Wan Ramli his fundamental rights.
The judge said the right to employment was not absolute and that an employer was entitled to place restrictions on it.
He said the decision against Wan Ramli was the result of his refusal to adhere to the vaccination order, which Kamal described as “reasonably balanced”.
Wan Ramli, who was with the 24th Battalion Royal Malay Regiment in Rasah, Negeri Sembilan, filed for a judicial review of his dismissal in August 2022.
He said he was due to be discharged on Jan 20, 2023, but lost his constitutional right to a pension after he was dishonourably discharged from service.
He named his commanding officer, two other officers, the armed forces and the government as respondents.
Wan Ramli, who now works as a courier, claimed his discharge was unreasonable as he was not given the right to be heard after his request for a court martial was refused by his immediate superior, Lt Col Sharull Hesham Yasin.
He wanted a court declaration that his early termination in August 2022 was null and void and of no effect.
The government said Wan Ramli had been charged with four military offences.
These comprised disobeying orders which required him to be vaccinated, using threatening or insubordinate language at a superior officer, disobeying a standing order, and conducting himself in breach of good order and service discipline.
The government also argued that Sharull had the right to deal with the charges summarily.
It said Wan Ramli was not denied the right to be heard as the summary proceedings heard the testimony of six witnesses, with Wan Ramli also allowed to defend himself.
Lawyer Hafiz Norkhan represented Wan Ramli while senior federal counsel Nurhafizza Azizan and federal counsel Solehheen Zaki appeared for the government.