CAPT. H.K. MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. The contesting 3rd Respondent has filed an affidavit in reply. By consent, Rule made returnable forthwith.

(2.) The matter involves an administrative conflict between the parties arising out of refusal of the Petitioner to mark his attendance in Biometric Attendance System ( "BAS ") portal as mandated by Office Memorandum ( "OM ") issued by the Government of India and the relevant Rules and Ordinances of the Respondents. This resulted in the Respondents treating him as 'absent ' from duty and off-setting the absence period against his accumulated leave. Aggrieved by the penal action by the Respondents, the Petitioner seeks recovery of his deducted salary with interest, in addition to restoring the accumulated leave to his credit. He has further prayed for a direction to the 3rd Respondent University to compensate him with equal amount of money towards notional advance of LTC. There are also prayers in damages, etc.

(3.) Pertinently the Petitioner has neither assailed the Office Memorandum issued by the Government of India nor the Rules/Instructions of the 3rd Respondent University mandating the marking of attendance by its employees in the BAS machine. It is further relevant to note that the Petitioner abstained from the discipline of BAS for a limited period of three months and 16 days and only in the year 2017. The Petitioner resumed marking his attendance in the BAS from 14/12/2017.