Public prosecutors challenge biometric attendance system

The Punjab and Haryana High Court has directed the UT Administration to take a decision on a representation of the Chandigarh Administration Public Prosecutor Welfare Association challenging the Aadhaar card-enabled biometric attendance system within four weeks from the date when it would be filed.

The association filed a petition under Article 226/227 of the Constitution of India seeking writ of prohibition restraining the respondents-Administration from compelling the members of the petitioner-association to download the Aadhaar card-enabled biometric attendance system application on phone to mark their attendance.

The counsel of the petitioner submitted that the High Court had, vide order dated September 11 this year in a case of Haryana Civil Medical Services Association and Others versus State of Haryana and others, issued notice of motion and directed the respondents not to take any coercive steps till the next date of hearing. He said it was violation of their privacy as under the system they would have to give consent through their phones.

The counsel stated that the nature of the job of a public prosecutor required 24x7 duty. They were working on Saturdays and Sundays, and till late evening also. Moreover, the Administration was neither providing mobile phones to them nor they were being paid any mobile allowance to use such system, which required smartphones. They were not being given compensatory off for the duties performed on holidays.

Pritpal Singh Nijjar, Additional Standing Counsel for UT Chandigarh, stated that the petitioner-association might be asked to submit a representation in this regard, which would be considered in the light of applicable enactments as well as judgments of the Supreme Court. At this, the counsel of the petitioner stated that a representation would be submitted within two weeks.

Justice Jagmohan Bansal ordered that in the wake of statements of both sides, the present petition stood disposed of with a direction to the respondents to address the representation to be submitted by the petitioner-association within four weeks from the date of its filing.