Implementation of Biometric Attendance in Offices is legal even without prior consultation with employees.

Supreme Court Upholds Implementation of Biometric Attendance System in Odisha Government Office. High Court's Objection Overruled; Biometric System Deemed Legal and Beneficial Despite Lack of Employee Consultation

In a significant decision, the Supreme Court of India has set aside a High Court order that had previously disallowed the implementation of the Biometric Attendance System in the Office of the Principal Accountant General (A&E), Odisha. The Apex Court's ruling comes as a relief to the Union of India, the appellants in the case, who argued for the legality and benefits of the biometric system.

The controversy began when the Office of the Principal Accountant General introduced the Biometric Attendance System through a series of circulars dated July 1, 2013, October 22, 2013, and November 6, 2013. Employees challenged these circulars, arguing that the system was implemented without prior consultation and was not in conformity with Swamy's Complete Manual on Establishment and Administration for Central Government Offices.

The Central Administrative Tribunal initially dismissed the application on procedural grounds, stating it was not maintainable as it did not pertain to service conditions. However, the employees’ subsequent appeal to the High Court resulted in an order halting the system's implementation, citing the lack of employee consultation and alleged procedural lapses.

The Supreme Court, in its ruling, highlighted that no specific rules from Swamy's Manual were violated by the introduction of the Biometric Attendance System. The Court also noted that the employees were not opposed to the system's implementation, which is intended for their benefit as well as the department's efficiency.

Justice Pankaj Mithal and Justice Prasanna B. Varale, presiding over the case, emphasized that the absence of prior consultation with employees does not render the system illegal, especially when it serves the interests of all stakeholders. The Court concluded that the High Court's intervention was unnecessary and allowed the appeal, permitting the biometric system's implementation as per the issued circulars.

The ruling underscores the Supreme Court's recognition of modern attendance systems' importance in enhancing administrative efficiency and transparency, even if such measures are introduced without exhaustive employee consultation.

Bottom Line:

Implementation of Biometric Attendance System in the Office of Principal Accountant General (A&E), Odisha upheld by the Supreme Court as legal and beneficial, even without prior consultation with employees.

Statutory provision(s): None explicitly mentioned in the judgment.

Union of India v. Dillip Kumar Rout, (SC) : Law Finder Doc Id # 2804875