Supreme Court Upholds Biometric Attendance System, Dismisses Employee Consultation Claims

In a significant ruling, the Supreme Court has upheld the implementation of the Biometric Attendance System (BAS) in government offices, stating that the lack of prior employee consultation does not invalidate its legality. The court overturned a previous decision by the Orissa High Court, emphasizing that the BAS is beneficial for all stakeholders involved. The ruling allows the Office of the Principal Accountant General (A&E) to proceed with the system's implementation, as employees have now expressed their support for the initiative. This decision marks a pivotal moment in the ongoing discussion about employee rights and administrative efficiency in government operations.
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Supreme Court Upholds Biometric Attendance System, Dismisses Employee Consultation Claims

Supreme Court's Ruling on Biometric Attendance System


New Delhi: The Supreme Court has affirmed that the implementation of the Biometric Attendance System (BAS) in government offices serves the interests of all parties involved. The court ruled that the absence of employee consultation prior to its installation does not make the system unlawful, as reported on Tuesday.


A bench comprising Justices Pankaj Mithal and Prasanna B Varale has overturned a 2014 decision by the Orissa High Court, which had stated that the circulars introducing the BAS were issued without prior employee consultation and did not adhere to the established manual for Central government offices. The Supreme Court highlighted that the BAS was initiated in the Office of the Principal Accountant General (A&E), Odisha, starting July 1, 2013, through several circulars dated July 1, October 22, and November 6 of the same year. The court noted, "In light of the circumstances, the introduction of the Biometric Attendance System, aimed at benefiting all stakeholders, is not rendered illegal simply because employees were not consulted beforehand." This ruling was made on October 29.


The bench annulled the High Court's ruling and authorized the Office of the Principal Accountant General (A&E) to proceed with the BAS as outlined in the circulars. It was noted that employees had initially contested these circulars by filing an application with the Central Administrative Tribunal (CAT), but their challenge was dismissed on the grounds that it did not pertain to service conditions.


Following the tribunal's decision, the employees sought relief from the High Court, which initially sided with them. However, when the Centre's appeal was heard by the Supreme Court after a decade on October 29, the Centre's counsel argued that the manual governing Central government offices does not contain any rules that were violated by the Office of the Principal Accountant General (A&E) regarding the BAS implementation.


The counsel further indicated that employees are now supportive of the BAS, recognizing its benefits for both staff and the department. The employees' representative concurred that there are no objections to the BAS's introduction. The bench concluded, "Given that the employees have no objections to the Biometric Attendance System, we believe that no further disputes remain, allowing the department to proceed with its implementation." The court remarked that the High Court's intervention seemed unnecessary.