The Supreme Court ruled that the Biometric Attendance System in government offices is valid and beneficial, stating that lack of employee consultation doesn’t make it illegal. The Court set aside the Orissa High Court’s 2014 order and allowed its full implementation.
New Delhi: The Supreme Court of India has ruled that introducing the Biometric Attendance System (BAS) in government offices is legal and beneficial for everyone involved. The Court said that just because employees were not consulted before the system’s installation, it does not make the move unlawful.
A bench of Justices Pankaj Mithal and Prasanna B. Varale gave this decision while allowing a petition filed by the Central Government in 2015.
The petition challenged the Orissa High Court’s order from August 21, 2014, which had held that the circulars introducing the Biometric Attendance System were invalid because they were issued without consulting employees and were not in line with the manual on establishment and administration for central government offices.
The Supreme Court noted that in the Office of the Principal Accountant General (A&E), Odisha, the Biometric Attendance System had been implemented from July 1, 2013, through various circulars dated July 1, 2013, October 22, 2013, and November 6, 2013.
Quoting from its order dated October 29, the Court said,
“Therefore, in the facts and circumstances of the case, when the introduction of the Biometric Attendance System is for the benefit of all the stakeholders, merely for the reason that the employees were not consulted before implementing the same does not render the introduction of the system to be illegal.”
The bench set aside the Orissa High Court’s decision and allowed the Office of the Principal Accountant General (A&E) to proceed with implementing the Biometric Attendance System as proposed in the circulars.
It was noted that the employees had initially challenged these circulars before the Central Administrative Tribunal (CAT), but their application was dismissed on the grounds that the matter did not relate to service conditions. Dissatisfied with this, the employees moved the Orissa High Court, which ruled in their favour in 2014.
When the Supreme Court finally heard the Centre’s appeal on October 29, almost ten years later, the government’s counsel argued that the manual on establishment and administration for central government offices does not contain any rules that could restrict the introduction of such a system.
The counsel stated that since no rules were violated, the decision to implement the Biometric Attendance System could not be considered illegal.
The counsel for the employees also informed the Court that the staff members were no longer opposing the system.
Referring to this, the bench observed,
“Once the employees have no reservation on the introduction of the Biometric Attendance System, we are of the opinion that no controversy in this regard survives and the department can very well go ahead with the implementation of the above system.”
The Supreme Court further remarked that the detailed exercise undertaken by the Orissa High Court to strike down the circulars introducing BAS was unnecessary.
The top court’s ruling now clears the way for the Principal Accountant General (A&E), Odisha, and other government offices to freely implement biometric attendance mechanisms, ensuring transparency, accountability, and punctuality in attendance recording systems across departments.
This verdict emphasizes that technological advancements aimed at improving efficiency in public offices cannot be deemed illegal merely on procedural grounds like lack of consultation, especially when such systems are meant for the collective benefit of all stakeholders.
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